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In order to avoid the situations mentioned directly above, the basis for common law needs to be something with a very strong foundation. IMO that basis is nature/god. We all know the golden rule, "He who has the gold, makes the rules." and then there is the other one too...:-)
If nature/god/creation/mother earth/whatever gives you rights as a man or woman, then to usurp those rights, someone or something must be more powerful than the grantor/provider.
I dont want to turn this into a thread about the origin of rights, but if the common law or natural rights can be usurped for public good or national security or terrorism or high gas prices, then what good are they. Over riding anything for the public good or a special interest wreaks of so******m and communism in my book..
If your common law/natural rights are indefensible, then they are no different than privileges and immunities granted to 14th ammendment citizens. Further if the limited power of atty from the citizenery to the govt, (Constitution), was given the respect that it deserves, none of this would be an issue.
Thom
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Blowing down the house of cards, one puff at a time.
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