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To: Steve Van Doorn
I am a little confused. Our laws are based on Roman law. We created law from Roman law. Blacks law is based on Roman law. Our whole legal system is based on foreign law. I thought this was true from the bingeing of our country?

I am sorry, but what am I missing?

The difference between the United States Constitution and the common law. Common law has its roots in history, especially the English common law. There is, howevere, no FEDERAL common law. Common law is a state concept. Under the Erie doctrine, there is no federal common law.

Historical law may have influenced the Framers when they wrote the U.S. Constitution, but the law of the Constitution is found in its text, not in historical precepts. The Constitution says what it says. Federal statutes say what they say. They are not concepts that evolved, they are legislative enactments that can only be interpreted from the text.

72 posted on 03/16/2005 12:52:20 PM PST by Bluegrass Federalist
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To: FutureSenatorFromKentucky
Under the Erie doctrine, there is no federal common law.

AAAGHHHHH!!! Erie Doctrine !!!!! (runs away screaming)

82 posted on 03/16/2005 1:03:53 PM PST by Modernman ("Normally, I don't listen to women, or doctors." - Captain Hero)
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