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- From: wdstarr@athena.mit.edu (William December Starr)
- Subject: Re: why has statutory law been replacing common law?
- In-Reply-To: rjc@devo.unify.com (Ronald Cole)
- Message-ID: <1993Jan1.162840.11974@athena.mit.edu>
- Sender: news@athena.mit.edu (News system)
- Nntp-Posting-Host: e40-008-4.mit.edu
- Organization: Northeastern Law, Class of '93
- References: <RJC.92Dec31131132@devo.unify.com>
- Date: Fri, 1 Jan 1993 16:28:40 GMT
- Lines: 35
-
-
- In article <RJC.92Dec31131132@devo.unify.com>,
- rjc@devo.unify.com (Ronald Cole) said:
-
- > Not being an attorney, I can see no benefit in replacing common law
- > with statutory law. Article VI, Section 1, of the U.S. Constitution
- > reads: "All debts contracted and 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?
-
- (I've taken the liberty of filling in the part of the clause that Mr.
- Cole had replaced with ellipses.)
-
- My understanding of this clause is that it was intended to codify the
- continuity of national identity. After all, there had been a "United
- States of America" in existence, operating under the Articles of the
- Confederation, for about a decade prior to the ratification of the
- Constitution. During that time, that national entity had done both
- economic and diplomatic business with other nations. Article VI,
- Section 1, paragraph one, served to announce to everyone -- especially
- foreign governments -- that the "new" Constitution-based United States
- of America would still recognize and honor all the foreign debts and
- treaties, trade agreements, etc., of the "old" Articles-based United
- States of America.
-
- The clause was, as far as I know, never meant to state or imply that
- any of the Articles-based United States' _internal_, domestic laws or
- policies were being explicitly carried over into the new Constitution-
- based version.
-
- -- William December Starr <wdstarr@athena.mit.edu>
-
-