DUE COURSE OF LAW. Black’s 1st pg 399. This phrase is synonymous with “due process of law” or “law of the land”. Notwithstanding means without exception. It [The U.S. Constitution] must be interpreted in the light of Common Law, the principles and history of which were familiarly known to the framers of the Constitution. The language of the Constitution could not be understood without reference to the Common Law. U.S. v. Wong Kim Ark, 169 U.S. 649, 18 S. Ct. 456. DUE COURSE OF LAW. This phrase is synonymous with “due process of law” or “law of the land”. Black’s 1st pg 399. Law of the Land means The Common Law. Taylor v. Porter, 4 Hill. 140, 146 (1843) - Justice Bronson; and State v. Simon, 2 Spears 761,767 (1884) - Justice ONeal. due process of law warranted by the constitution, by the common law adopted by the constitution, or by statues passed in pursuance of the constitution. Mayo v. Wilson, 1 N. H. 53. Source: Black’s Law Dictionary Revised Fourth Edition. What is due process of law may be ascertained by an examination of those settled usages and modes of proceedings existing in the common law and statute law of England before the emigration of our ancestors It is manifest it was not left to the legislative power to exact any process which might be devised. The [due process] article is a restraint on the legislative as well as on the executive and judicial powers of government, and cannot be so construed as to leave congress free to make any process ‘due process of law,’ by its mere will. Murrays Lessee v. Hoboken Imp. Co., 18 How. (59 U.S.) 272, 276 (1855); French v. Barber Asphalt, 181 U.S. 324, 330 (1900). In other words, the states and congress can legislate statutes etc all they want within the bounds of the law of the land, but if they are contrary to the law of the land they are void. States cannot legislate the constitution. Essentially constitutional laws of one state must be recognized in another or else the state gets slapped with lawsuits from people and/or the federal government. The little nit picking things like speed limits, city and county codes and rules and regulations are not law at all but given the force of law, by law, if they are in harmony with the law.
Posted on: Fri, 26 Dec 2014 18:37:12 +0000
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