The Common Law Part II: What Role Did Common Law Play in the New American Government? [No. 86]

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  • Опубліковано 7 лют 2025
  • How did the English Common Law map onto the American Constitutional system?
    Professor Kurt Lash discusses the debate among the Founders about whether and how the Common Law would still have force and effect in America. The Common Law presupposed the sovereignty of Parliament, but the American system was based on popular sovereignty. Professor Lash explains the Alien and Sedition Acts as an example of how this struggle played out in the early days of the constitutional republic.
    Professor Kurt T. Lash holds the E. Claiborne Robins Distinguished Chair in Law at the University of Richmond School of Law. He is the Founder and Director of the Richmond Program on the American Constitution.
    As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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КОМЕНТАРІ • 21

  • @microwavedmetal
    @microwavedmetal 2 роки тому +5

    Hello, I am 14 and studying for my A levels in advanced law…I just want to say that this video just like you others are very helpful to me,they are under my focus time which helps me grasp information mor easily…they are also simply worded, and details the important parts (very helpful because I can easily take notes from the videos you provide)…keep up the good work…have nice day!

  • @johnq.public2298
    @johnq.public2298 4 роки тому +5

    All those holding a PUBLIC office should remind themselves WHO they work FOR, "We The People."
    End the "FED." Repeal the UNCONSTITUTIONAL "PATRIOT ACT."

  • @hyojinlee
    @hyojinlee 3 роки тому

    Love this series - thank you so much!

  • @gngerbrdgrl8965
    @gngerbrdgrl8965 4 роки тому

    Thank you.

  • @Tommykennedy101
    @Tommykennedy101 2 роки тому

    The Common Law.
    Cause No harm,
    No loss,
    No breach of peace,
    No deceit within contract.
    Together with our Constitution, Magna Carts 1215.
    That covers any legislation, acts, or statutes.

    • @annoyingbstard9407
      @annoyingbstard9407 2 роки тому

      That’s not common law…just banal phrases spouted by those with limited thinking powers. How do you know it is? Where is it written down?

    • @Tommykennedy101
      @Tommykennedy101 2 роки тому

      @@annoyingbstard9407
      The book, the dome, (doom). A book of old rules and customs. When broken down equate to four Laws, (see above).
      There not written down. Why would you need to when they are inherent to all of us?.
      They have been subverted over time, to obscure them, by using the word "Law" in a subversive way, when it comes to legislation, acts, or statutes, (legal).
      What is written though, are the official documents showing treason FCO 30 1048, from the 70's, but it's been going on for a lot longer than that.
      Also, keep in mind article 61, which brought about Lawful Rebellion was invoked in 2001, and ignored.

    • @annoyingbstard9407
      @annoyingbstard9407 2 роки тому

      @@Tommykennedy101 As you would obviously be a slave during the Anglo Saxon period it’s interesting that if a free man killed you he’d be liable to pay 20 shillings to your owner. I doubt you’re worth it.

    • @Tommykennedy101
      @Tommykennedy101 2 роки тому

      @@annoyingbstard9407 Your comment really does show just how limited your indoctrinated mind set is, when it comes to interpreting such matters. Pseudo intellectual types, educated to think, without any real thought.
      Would explain your name tag?
      But I'll leave you to it.
      We have moved on since then. All about interpretation. Something you don't seem to have the capacity for?

  • @HoliSupps
    @HoliSupps 4 роки тому

    What are the benefits for claiming your name Back under common law?

    • @LegalesePodcast
      @LegalesePodcast 4 роки тому

      thats not actually a thing. It's a sov cit conspiracy theory with no basis in law

    • @hopewynn7147
      @hopewynn7147 2 роки тому

      You're no longer consider dead or s slave to this system

  • @chrissy2122
    @chrissy2122 4 роки тому

    down with the patriot act

  • @Rowlph8888
    @Rowlph8888 2 роки тому

    That is not true about common law being attributed to those representing a group of people, because Parliament did not start until 1215, whereas Anglo-Saxon regular people believed they had rights and common law, by 1041, before the Normans, and William the Conquerors invasion. Parliameent was not established, unntil barons got fed up with King John violating the terms of the 1st human rights document "the charge of liberties (1100), so along with the Magna Carta (1215), they had barons sitting with John to ensure he wasn't able to violate, with impunity, in the future. English common law was the original catalyst, for the following hhuman rights legislation, because William was angry with the majority Anglo-Saxon people, despite violence against them, would persist in believing in their rights and continue to hold kings accountable, culminating in the legislation

  • @swampratsrants501
    @swampratsrants501 4 роки тому +2

    Couple very good comments in here. it's unfortunate however that if you try to say things like that or even extremely well-researched and truthful things that the people of the Federalist society disagree with you will be silenced in live chat and Shadow band on comments.

    • @LegalesePodcast
      @LegalesePodcast 4 роки тому +1

      really? because I am both a member of the federalist society and someone who frequently disagrees with the General consensus of other member and has never ever been an issue. They are actually very encouraging of debate and disagreement

    • @hopewynn7147
      @hopewynn7147 2 роки тому +1

      Exactly