What’s interesting to me is the heavy reliance on the foreign Vattel by the SCOTUS when only recently Americans were screeching about the Supreme Court justices even acknowledging the merest whiffs of foreign law.
At the time of the revolution, there was NO US Constitution, American law or government. So were they just suppose to write new laws & constitution from scratch? NO, they looked to those they had studied and learned from, the early philosophers & other forms of government and what they chose was the Republican form of government.
You could learn much from reading the commentaries of Justice Wilson, 1791 & Justice Story, 1833.
posted on 01/10/2010 6:56:28 PM PST
(1st SCOTUS of USA: "Human life, from its commencement to its close, is protected by the common law.")
Whats interesting to me is the heavy reliance on the foreign Vattel by the SCOTUS when only recently Americans were screeching about the Supreme Court justices even acknowledging the merest whiffs of foreign law.
The difference being that Vattel wrote of "natural law", *before* the Constitution was written. The founders, many of them at least, were well read, especially on government, politics and political theory.
They obviously found many things about the English system not to their liking, otherwise why rebel against it? Vattel did not write law, he wrote about laws, he was a sort of legal theorist.
posted on 01/10/2010 9:22:06 PM PST
by El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
Do you want to rethink that post?
posted on 01/10/2010 10:18:39 PM PST
Is that your real interest? Suggest you study up hard then.
posted on 01/11/2010 5:46:56 AM PST
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