T H E R E T R O B O R O | |
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RETRO EVOLUTION | |
The law of the urban jungle | |
It is implicit in this letter to Edmund Randolph, that Jefferson | |
considered the Constitution to be a civil law instrument quite | |
like the Articles of Association--thereby contradicting today's | |
Patriots, Libertarians, Tea Partycrats and Judeo-Christians, many | |
of whom assert further that the common law was based on the Torah, | |
and was the basis of colonial charters. Jefferson was in good | |
company, as Blackstone clearly showed that the common law did not | |
extend to the "American plantations." Even the English Bill of | |
Rights did not apply in the Colonies--for basically an identical | |
rationale that the U.S. Bill of Rights does not apply in Puerto | |
Rico as stated in the Balzac decision, namely that "The Congress | |
shall have Power to dispose of and make all needful Rules and | |
Regulations respecting the Territory or other Property belonging | |
to the United States" according to Article IV, Section 3, | |
paragraph ii, clause 1. The Constitution is accordingly an | |
instrument of civil law that allows for a perpetuation of feudal | |
practices, some of which had been curbed in England, yet | |
nonetheless were imposed on the Colonies to an ever increasing | |
degree by the House of Hanover: e.g., the same licencing | |
requirement upon non-trial lawyers within the "free System of | |
English Laws" as had been imposed upon trial lawyers in the | |
regulated system of laws, whether it be German or Norman in | |
essence. | |
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