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A comment on “No Defense of the Indefensible”: L.A. Judge Makes Landmark Homelessness Ruling. Parent comment

Re:“No Defense of the Indefensible”: L.A. Judge Makes Landma... by insert_coin on Sunday April 25, 2021 @06:45PM (#26937439)
The US was a common law country, then created the constitution based on that common law and now it is a constitutional republic. The constitution is the pillar now not "common law".
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Re:“No Defense of the Indefensible”: L.A. Judge Makes Landma... by giantg2 on Sunday April 25, 2021 @06:54PM (#26937498)
I think he means they accept common law doctrines as part of the law. For example, malicious prosecution is not a statute (in some states) but can still be prosecuted (I forget if they handle it civilly or criminally) under common law doctrine.
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Re:“No Defense of the Indefensible”: L.A. Judge Makes Landma... by PeterWhittaker on Sunday April 25, 2021 @08:16PM (#26938036)
Essentially.

The constitution is the floor the stool sits on, and it supports common law both implicitly (cf, e.g., [1]), and explicitly (cf the 7th Amendment).

[1] https://constitutionalism.wordpress.com/2008/09/15/common-la...

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