A common-law based constitutional republic is best for liberty
By Ron Burcham, USMC
As I understand it, the Founders gave their descendants a libertarian world under mala in se, common, or natural law. It was supplanted by the political class with mala prohibitum, statutory, law. Under common law the government had no authority or jurisdiction over an individual unless and until another’s person or property was harmed. The state, not being a person, could not be harmed by an individual.
An interesting aside is that the first police force in the United States, as we know it, was created in Boston in 1838. Until then the CLEO there was the county sheriff.
For it to be a crime someone or their property had to be harmed in some way. Statutory law, contrived, or invented law, gave government power over individuals 24/7/365. The Constitution was written under common law, hence the Bill of Rights was written to protect our rights under common law, i.e., using such phrases as:
- “…shall not be infringed,”
- “…shall make no law…,“
- “…to be prescribed by law…,”
- “against unreasonable search…,”
- “…without the consent of…,”
- “…without just compensation….,”
- “…nor … put in jeopardy…”
- and “…nor shall be compelled…”