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- Xref: sparky misc.legal:21926 alt.politics.usa.constitution:1366
- Newsgroups: misc.legal,alt.politics.usa.constitution
- Path: sparky!uunet!psinntp!panix!lkk
- From: lkk@panix.com (Larry Kolodney)
- Subject: Re: why has statutory law been replacing common law?
- Message-ID: <1993Jan1.082254.28870@panix.com>
- Date: Fri, 1 Jan 1993 08:22:54 GMT
- References: <RJC.92Dec31131132@devo.unify.com>
- Organization: The Devil's Advocate
- Lines: 50
-
- In <RJC.92Dec31131132@devo.unify.com> rjc@devo.unify.com (Ronald Cole) writes:
-
-
- > "All ... engagements entered into, before the adoption of this
- > Constitution, shall be as valid against the United States under
- > this Constitution, as under the Confederation."
-
- >Doesn't this mean that the Magna Carta still has force of law through
- >the 14th Amendment?
-
- Since the Magna Carta is a British constitutional document, it has
- absolutely nothing to do with "engagements ... valid against the
- United States." This clause obviously refers to treaties and
- contracts which were entered into under the Articles of Confederation.
-
- And from where did you pull in the 14th amendement?
-
-
- >If yes, then does this have something to do with Erie Railroad Co. v.
- >Tompkins, 304 US 54 overturning Swift v. Tyson (1-8 Pet 1-8 (1842)?
-
- *Erie* declared that there was no federal common law (at least as to
- diversity jurisdiction cases), and that common law suits in federal
- court were to be tried under state common law principles for the state
- in which the federal court sits.
-
- *Swift* had earlier held that suits in federal court were to be tried
- under federal common law. The *Eire* court recognized that the
- *Swift* doctrine created inconsistent verdicts based solely on the
- happenstance of whether the parties to the suit had diverse state
- citizenship or not.
-
- >Can someone please explain it to me?
-
- What this has to do with the Magna Carta or the clause you cited is
- beyond me.
-
-
-
-
- >--
- >Ronald Cole +----------------------+ internet: rjc@unify.com
- >Software Engineer II | Lord/Genis '96 | uucp: uunet!unify!rjc
- >Unify Corporation +----------------------+ voice: +1 916 928 6238
- > "THE BILL OF RIGHTS --- Void where prohibited by law"
- --
- larry kolodney:(lkk@panix.com)
- _(*#&)#*&%)@(*^%_!*&%^!)*+!*&$+!?&%+!*&^_)*%)*&^%#+&
- The past is not dead, it's not even past. - Wm. Faulkner
-
-