Posts Tagged ‘David Whitney’

Logo of the Institute on the Constitution.

After being a regular listener to Radio Liberty with Dr. Stan Monteith, and often hearing David Whitney and Michael Peroutka of the Institute on the Constitution, I decided to buy a host kit after finding out from Michael Peroutka’s June 8th appearance that it only costs $149 USD.

Once I’m set up, I’ll see what I can arrange for teaching the course to Americans in the Toronto area, and whether there is enough interest from fellow Canadians, as I can offer the added perspective of how the U.S. Constitution compares to Canada’s Constitution.

I was pleasantly surprised to see that they carry a 9/11 Truth DVD, September 11 Revisited: Were Explosives Used to Bring Down the Buildings?, as I never heard David Whitney or Michael Peroutka question the official story of 9/11 in their appearances.

For my views on 9/11, see my article, What didn’t happen on 9/11.

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The United States Supreme Court.

On the January 11, 2012 episode of Radio Liberty with Dr. Stan Monteith, Pastor David Whitney of The Institute on the Constitution made a claim implying that common law doesn’t exist in the United States (starting at 22:35):

The Congress is the only body that is given the power to make law. Not the judiciary, not the executive — none of them can make law. Only Congress can make law. Anything attempted by those other two branches is not law, it’s a violation of the Constitution.

While I agree that only Congress can legislate through statutes, there is the distinction between statutory law and common law. I know that Pastor Whitney regards natural law as the highest form of law, and that anything contrary to natural law is null and void. However, there is the separate issue of whether common law, which may or may not protect natural rights, exists in the United States, and has constitutional force.

Merriam-Webster’s Online Dictionary states that common law is:

[T]he body of law developed in England primarily from judicial decisions based on custom and precedent, unwritten in statute or code, and constituting the basis of the English legal system and of the system in all of the United States except Louisiana.

Alexander Hamilton wrote in Federalist Paper 81:

The appellate jurisdiction of the Supreme Court (it may have been argued) will extend to causes determinable in different modes, some in the course of the COMMON LAW, others in the course of the CIVIL LAW.

Here we have a recognition of common law applying to the United States, from the most prolific writer of The Federalist Papers.

The Seventh Amendment to the Constitution, ratified in 1791, states:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Here we have evidence from the Constitution itself that common law applies in the United States.

Therefore, I have shown that common law does exist in the United States,  in terms of the intent of the Founding Fathers, and is operable according to the Constitution.

Wherever there is no Congressional statute or code stating how something should be handled, decisions by judges constitute a separate body of law in the United States.

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