Common Law—William Blackstone’s Common Law Commentaries on the Laws of England was used by Americans, including Abraham Lincoln. Commentary Volume 1 reads, “Man, considered as a creature, must necessarily be subject to the laws [miracle life sustaining laws] of his Creator. These laws laid down by God are the eternal immutable laws of good and evil. This Common Law of nature advanced by God Himself is of course superior in obligation to any other. It is binding over the entire globe, in all countries, and at all times: no human laws are of any validity if contrary to this.”
Common Law reflects the customs inspired by men’s consciences and experiences of the ages. Genesis 1:1 and 1:31, the Ten Commandments and Golden Rule are recognized as the bases for Common Law. American presidents take the oath of office with their hand on the Bible.
Supreme Court Justice James Wilson (1742–1798) wrote, “One of the beautiful boasts of our municipal jurisprudence is that Christianity is part of the Common Law . . .. There never has been a period in which the Common Law did not recognize Christianity as lying at its foundations …”
Case Law—Precursor to modern day Case Law, in 1856, Dred Scott, a black slave, had been taken north of the Mason-Dixon line into Illinois and Wisconsin where slavery was prohibited by the Missouri Compromise. In 1857, the U.S. Supreme Court declared Dred Scott to be “chattel,” a word used to describe cattle. Abraham Lincoln recognized the absence of Common Law morality. The Thirteenth Amendment to the U.S. Constitution, ratified December 6, 1865, reversed the Dred Scott decision and officially abolished slavery in America.
The Case Law referred to, or whatever liberals wish to call it, has caused devastating problems in taxpayer-funded government systems, especially public schools. First, Case Law Precedents are not subject to the morality requirements of traditional American Common Law. Second, Case Law is incapable of curtailing secular campus political correctness, sanctuary cities that protect known criminals and teacher tenure guarantees for even committed Marxist professors. In America, these offenders are free to privatize and fund their pet projects without taxpayers’ money.
On April 14, 2016, a “California Appeals Court upholds teacher tenure, a major victory for leftist teacher unions.” This was in response to the earlier April 10, 2014 judgment which declared, “ …statutes protecting teacher tenure are hurting students’ chances to succeed.” The court agreed that students are being harmed, but blamed school administrators, which is the common argument used to protect rebelling teachers from being challenged for teaching in violation of community norms. Tenured radicals can then successfully accuse truly effective administrators of damaging teacher morale.
Third, Every Case Law decision has new controlling Precedent potential. Judgments for establishing secularized Case Law Precedents can easily descend to harmful levels, depending upon a judge’s political priorities and his or her view about law making instead of judging.
Quoting John Stuart Mill about the injustice of totalitarians, the late Supreme Court Judge Rehnquist wrote, “The disposition of mankind, whether as rulers or as fellow-citizens, to impose their own opinions and inclinations as a rule of conduct on others, is so energetically supported by some of the best and by some of the worst feeling incident to human nature, that it is hardly ever kept under restraint by anything but want of power” (The Supreme Court, William H. Rehnquist, Random House, Inc., 1987, p. 277).
~ D. Norris