What it means that we are not a nation of laws -

[truedelphi]

At its most basic level, what this means is that "the common law" has been legislated away, or simply destroyed by lack of enforcement of law for the sake of the commons. (And thus, for us individual citizens.)

When both the MERS scandal and the LIBOR scandal resulted in a lukewater response by our judicial system, it became clear that our nation is now a fascist state.

Scribble a few chalk messages on a sidewalk, and you will be almost immediately be arrested and tried. (Luckily that guy's jury had a lot of "common" snese.) But totally scam the individual households for whom the banking system presumably, supposedly is set up, and Oh, Yawn, what can a national court system do?

After all, Too Big To Fail Is Also Too Big To Jail.


From Black's Law Dictionary:
Common law. As distinguished from law created by
the enactment of legislatures, the common law com­
prises the body of those principles and rules of action,
relating to the government and security of persons
and property, which derive their authority solely from
usages and customs of immemorial antiquity, or from
the judgments and decrees of the courts recognizing,
affirming, and enforcing such usages and customs;
and, in this sense, particularly the ancient unwritten
law of England. The "common law" is all the statu­a-
tory and case law background of England and the
American colonies before the American revolution.

People v. Rehman, 253 C.A.2d 1 19, 61 Cal.Rptr. 65,
85. "Common law" consists of those principles, us­
age and rules of action applicable to government and
security of persons and property which do not rest
for their authority upon any express and positive
declaration of the will of the legislature. Bishop v. U.
S., D.C.Tex., 334 F.Supp. 415, 418.

As distinguished from ecclesiastical law, it is the
system of jurisprudence administered by the purely
secular tribunals.
Calif. Civil Code, Section 22.2, provides that the
"common law of England, so far as it is not repug­
nant to or inconsistent with the Constitution of the
United States; or the Constitution or laws of this
State, is the rule of decision in all the courts of this
State."
In a broad sense, "common law" may designate all
that part of the positive law, juristic theory, and
ancient custom of any state or nation which is of
general and universal application, thus marking off
special or local rules or customs.
For "Federal common law," see that title.
As a compound adjective "common-law" is under­
stood as contrasted with or opposed to "statutory,"
and sometimes also to "equitable" or to "criminal."

[on point]

1. If we were ruled by law, then Bush and his war criminal cronies would already be in prison

or perhaps on death row if tried in Texas...