Then entire basis of US law, except Louisiana, is English Common Law. The Constitution itself is based on that. I’m afraid that you might not like the result but this is how it works unless the constitution gets amended or replaced.
It’s clear that you think that it was written in a vacuum without any historical context. That’s not how history works. It’s unclear why you are stuck on this particular hill.
That’s because it’s common law. Plenty of court cases out there affirming this.
Fuck that, judiciary should not legislate, especially unelected.
Then entire basis of US law, except Louisiana, is English Common Law. The Constitution itself is based on that. I’m afraid that you might not like the result but this is how it works unless the constitution gets amended or replaced.
I dont think the constitution mentions anything about common law
It doesn’t say anything about 18th century human rights philosophers either but it’s full of that too.
What, your whole point is that its in the constitution right?
Yes. It is. It’s assumed because that’s how the legal theories at the time it was written went.
Alright show me where in the constitution it is
It’s clear that you think that it was written in a vacuum without any historical context. That’s not how history works. It’s unclear why you are stuck on this particular hill.