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Originally Posted by rottweiler
ARTICLE III Section 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their authority;--- to all Cases affecting Ambassadors, other public Ministers and Consuls; --- to all Cases of admiralty and maritime Jurisdiction;
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JG: If you are augmenting the original statement that there are no constitutional "common law" courts, great. If not, I have no evidence or authority that states that there are constitutional common law courts.
(I did find old cites wherein one ruled that the common law was too harsh for a democracy)
However, I first learned of it while reading the Encyclopedia of Georgia Law. It stated that at the ratification of the USCON, all common law courts in Georgia were abolished. Interestingly, in the Federalist Papers, it mentions that Georgia (before CON) had nothing but common law courts.
If I infer correctly, the power to convene a common law court is the prerogative of a sovereign. Since all state governments have submitted to the supremacy of the U.S.CON, they ceased to have the standing to convene common law courts. (The English monarchy empowers common law courts in the commonwealth, apparently.)
However, that does not prevent private property owners with sovereign status from exercising their natural liberty.
A good example is the power to inflict capital punishment without convening a trial, as in the case with private property posted with "No Trespassing, Trespassers will be shot."
I assume that a sovereign property owner might convene a trial before shooting the trespasser, but it's unnecessary.
:-)