The New Comon Law vs. The Old Common Law

(7) The New Common Law vs. The Old Common Law

"To adhere to the spirit of the Constitution and its safeguards, including orderly amendment, is the shelter of American life. To move away from these safeguards endangers the whole future of the philosophy of Liberty and thus the whole future of America. On that road one mis-step leads to another and then another until primary liberties are gone." Herbert Hoover, 1934

"It is important, likewise, that the habits of thinking in a free country should inspire caution in those intrusted with its administration, to confine themselves within their respective constitutional spheres; avoiding in the exercise of the powers of the one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and the proneness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing it and distributing it into different depositories, and constituting each the Guardian of the Public Weal, against invasion by the others, has been evinced by experiments ancient and modern; some of them in our own country, and under our own eyes.... If, in the opinion of the People, the distribution or modifications of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed." George Washington's Farewell Address, 1796; quoted by George Lorimer in a Aug. 29, 1936 SATURDAY EVENING POST editorial.

If we take the time to do the legal and historical research, we will find that the common law has changed since we began traveling down a path of gradual socialism for over 6 decades now since the New Deal began back in the 1930's. Let us look at this in detail.

The New Common Law

1. NO FREE LABOR. Gradual socialism has destroyed the people's right to a free labor market. Workers do not receive the equivalent for their labor anymore, but an allowance that is called "take home pay." People receive paychecks with deductions. Labor (wage) taxation and labor (wage) garnishment is imposed on a massive scale. The ability to labor and earn bread is a privilege, not a right. This is a servile doctrine that is very, very old.

The Old Common Law

1. FREE LABOR MARKET. Before the New Deal workers received the equivalent of their labor with no income tax deductions. Workers received their pay in cash in a pay envelope. Those who rule over you have no intention of restoring this great right that has been taken from the people without asking the people's consent through constitutional amendment.

2. NO RIGHT OF LOCOMOTION. Before the New Deal there were no internal passports called drivers licenses. The licensing schemes that have developed since then have destroyed this aspect of personal liberty that used to be recognized in the law. The license represents a privilege, not a right, and those who drive on the public roads without the license are viewed as criminals by those in power. The right has been destroyed without seeking the people's consent through constitutional amendment. Driving an automobile has replaced horses and buggies. It is a privilege, not a right.

2. THE RIGHT OF LOCOMOTION. "Personal liberty consists in the power of locomotion, of changing situation, of removing one's person to whatever place one's inclination may direct, without imprisonment or restraint unless by due course of law." Bouvier's Law Dict, 1934 ed., pg. 706. Before the New Deal you were free to travel without internal passport papers. All institutions of slavery required by law that the slaves get permission from their masters before they could travel.

3. FIAT MONEY. One of the first things that the New Deal did was take the dollar off the gold standard, even though there was still enough gold to back the money supply. The right to earn money backed by gold and silver has been replaced with the privilege of earning fiat money. "Under the challenged statutes it is said the United States have realized profits amounting to $2,800,000,000. But this assumes that gain may be generated by legislative fiat. To such counterfeit profits there would be no limit; with each new debasement of the dollar they would expand. Two billions might be ballooned indefinitely- to twenty, thirty, or what you will." Justice McReynolds, 1935

3. MONEY BACKED BY GOLD & SILVER. Before the New Deal the money you earned could be redeemed for gold and silver coin.

4. ALL WHO LABOR ARE LOOKED UPON AS "TAXPAYERS" THAT MUST FILE AND PAY INCOME TAX. It is presumed that all who labor must have social security numbers, and that this number must be given to an employer as a condition of working and earning fiat money. Courts have already ruled that firing someone for not giving the number violates no constitutional rights. Newborn children are assigned numbers at birth that lay claim upon their future labor (partus sequitur ventrem). Assigning Taxpayer Identification Numbers to children at birth has become part of the new common law.

4. NO TAXATION UPON THE PAYROLLS OF WORKERS AND NO NUMBERS WERE ASSIGNED TO WORKERS THAT IDENTIFIED THEIR LABOR AS ARTICLES OF COMMERCE. This complimented the free labor market that existed back then.

5. FAMILY COURT & THE DIVORCE GROWTH INDUSTRY. The more labor that is taken from workers to support socialism, the less labor there is to support families. Combining this with no-fault divorce has seen the divorce rate increase dramatically. Before the New Deal the divorce rate was only around 15%; today it is over 50%. Child support guidelines operate directly upon the labor of workers thereby adding another layer of servitude upon the workers. Family Court judges show no regard for constitutional rights and enslave and plunder at will. Jailing the disobedient without the right to a jury trial has become part of the new common law and this power has already been upheld by the Circuit Court.

5. DIVORCE GRANTED ONLY FOR VALID REASONS. Adultery, cruelty, and desertion were the primary causes for divorce prior to the New Deal. No-fault divorce did not exist. Child support was included in alimony and it operated upon wealth, not labor. Judges were independent to make their own decisions and had a regard for the constitutional rights of individuals.

6. LEGISLATION IS WRITTEN BY THE EXECUTIVE BRANCH AND INTRODUCED INTO THE FEDERAL AND STATE LEGISLATURES. Russell Means, in a speech he gave in July, 2000, stated that around 90% of the legislation that Congress passes was written outside the halls of Congress by the executive branch. Congress has become a rubber stamp that feeds a massive executive bureaucracy. This practice was unanimously ruled unconstitutional in 1935 by the Supreme Court, but now it is common practice at both the federal and state levels. This is especially true when it comes to bills for raising revenue.

6. LEGISLATION WAS LIMITED TO THE ELECTED REPRESENTATIVES OF THE PEOPLE, NOT EXECUTIVE PERSONNEL. When laws were written by elected representatives, you could remove the representative in an election if you didn't like the laws that he wrote. But when laws are written by executive officers that are appointed and not elected, you can't get rid of them by voting them out of office. Executive legislation violates Article I, Sections 1 & 7 of the Constitution.

7. SALARIES AND WAGES OF OFFICERS AND EMPLOYEES OF FEDERAL AND STATE GOVERNMENTS ARE TAXED. Starting in 1939, New Deal legislation rubber stamped by Congress started taxing the salaries and wages of government officers and employees. Taxing tax money raises no revenue, so this is absurd, but it is necessary so that all will think they have a legal duty to file and pay income tax.

7. SALARIES AND WAGES OF GOVERNMENT OFFICERS AND EMPLOYEES NOT TAXED. This complimented the people's free labor market that existed back then. Taxing the salaries of the President and the judges violates Article II, Section 7 & Article III, Section 1 of the Constitution.

8. MANDATORY INSURANCE SCHEMES OPERATE UPON LABOR. Using the law to coerce people into buying insurance or face fines, imprisonment, and revocation of privileges is also a development since the New Deal. It is but another servitude imposed upon labor that despoils workers of the fruits of their labor without seeking the worker's consent. You supposedly have aright to work, but getting there if you drive an automobile is a privilege that can be revoked by the police power of the State.

8. VOLUNTARY INSURANCE. Workers had the right to buy or not to buy various forms of insurance. I could not find where the force of law was used prior to the New Deal to coerce people into buying insurance. Using the police power to coerce millions of people into buying insurance creates enormous business for insurance companies and thus guarantees billions of dollars in profits annually.

It should be clear that the old common law that held our rights as inalienable is dead. This is why the beginning of the Dred Scott decision states "Declaration of Independence does not include slaves as part of the people." The Declaration of Independence and the Constitution are old pieces of paper that lie in glass tombs in Washington D.C.. The new common law embraces the doctrine of "fair and reasonable." This means that there are no inalienable rights. All rights are subject to invasion by the State and the only consideration is whether or not the invasion of rights is within "fair and reasonable" limits. Destroying the liberties of people by appealing to safety and security is nothing new. The slaveholders of pre Civil War times appealed to safety and security to justify their slave codes. It is the same old worn out logic.

I shall conclude with some quotes taken from COTTON IS KING AND PRO-SLAVERY ARGUMENTS; Pritchard, Abbott, & Loomis; Augusta, Ga.; 1860.

"Negroes are now worth here from $1000-$2000 apiece. The subject of their being introduced is being openly discussed, and the propriety of the trade being again legalized. It is plain this discussion will by and by take shape. Will not the government be obliged to listen to it, and what will be the result? When labor is so profitable it will be obtained." (pg. 104) [Note: In today's dollars I would estimate that slaves would have sold for around $50,000-$100,000 each.]

"The master owns the lands, gives his skill and intelligence to direct the labor, and feeds and clothes the slaves. The slaves, therefore, are entitled only to a part of the proceeds of their labor, while the master is also justly entitled to a part of the crop." (pg. 208) [Note: Here we see that slaves receive an allowance, not the equivalent of their labor.]

"As the monopoly of the culture of cotton, imparts to slavery its economic value, the system will continue as long as this monopoly is maintained." (pg. 215) [Note: Massive and expanding social programs, and the Family Court/Divorce Growth Industry have given the State a monopoly on the people's labor. As long as these institutions thrive, the people will continue traveling down a path of increasing servitude.]

"Christ paid tribute to Caesar; and Paul, by appealing to Caesar's tribunal, admitted the validity of the despotic governments of Rome, with its thirty millions of slaves." (pg. 226)

"The general good is the sole and sufficient consideration which justifies the State in taking either the life or the liberty of its subjects." (pg. 287)

"He [the abolitionist] habitually overlooks the fact, that slavery results, not from the action of the individual, but from an ordinance from the State. He forgets that it is a civil institution, and proceeds to argue as if it were founded in individual wrong." (pg. 310)

"Can a man, then, have aright to the labor or obedience of another without his consent? Give us this right, and it is all we ask." (pg. 313)

"‘The traffic in human souls,' which figures so largely in the speeches of the divines and demagogues, and which so fiercely stirs up the most unhallowed passions of their hearers, is merely the transfer of a right to labor." (pg. 314)

"But, as we have seen, a limited property, or the right to the labor of a man, does not deny or annul all his rights, nor necessarily any one of them. This argument needs no further refutation. For we acknowledge that the slave has rights; and the limited or qualified property which the master claims in him, extending merely to his personal labor and his lawful obedience, touches not one of these rights." (pg. 315-16)

"All we ask is, as may be seen from the first chapter of this Essay, that the right of the individual, whether real or imaginary, may be held in subjection to the undoubted right of the community to protect itself and to secure its own highest good. This solemn right, so inseparably linked to a sacred duty, is paramount to the rights and powers of the individual." (pg. 323)

"For, in truth and in deed, all men are born absolutely dependent and utterly devoid of freedom. What right, we ask, has the new born infant?" (pg. 334)

"Slavery - as everybody knows - was forced upon the colonies by the arbitrary and despotic rule of Great Britain, and that, too, against the earnest remonstrances of our ancestors. The thing has been done. The past is beyond our control. It is fixed and unalterable. The only inquiry which remains for us now is, whether the slavery which was thus forced upon our ancestors shall be continued, or whether it shall be abolished." (pg. 381) [Note: Socialist ideals, such as social security, were introduced into our system over 6 decades ago without asking the people's consent through constitutional amendment. Since then labor taxation and garnishment have become part of the new common law that we live under today. The thing has been done and the past is beyond our control. What shall become of it all?]

"As it is their duty to labor, so the law which compels them to do so is not oppressive. It deprives them of the enjoyment of no right, unless, indeed, they may be supposed to have a right to violate their duty. Hence, in compelling the colored population of the South to work, the law does not deprive them of liberty, in the true sense of the word; that is, it does not deprive them of the enjoyment of any natural right. It merely requires them to perform a natural duty." (pp. 402-403)

"When we say that slaves are property, we merely mean that their masters have a right to their service or labor." (pg. 430)

"The fugitive from labor, like the fugitive from justice, has a right to a trial by jury, but neither can claim to have this trial in any part of the world he pleases." (pg. 447) [Note: Today, is someone who exercises his/her right to receive the equivalent of their labor a criminal in the eyes of the State? If this be true, then would not such persons be fugitives from labor? Today's fugitives from labor are incarcerated by the thousands without the right to a jury trial.]

"The slave is represented as earnestly desiring the shadow, because his condition allowed him no prospect of anything more desirable; but the hireling as looking for the reward of his work, because that will be an equivalent for his fatigue." (pg. 470)

"....the slave is the master's money." (pg. 476)

"In New England one family in every seven is without a home, while in these five old slave States only one family in every 52 is without a home." (pg. 529)

"It cannot be denied that the aggregate earnings of the toiling millions - when hoarded by a few - may grow faster than it will when these millions are allowed to take from it a daily supply, equal to their reasonable wants." (pg. 535)

"The institution of domestic slavery exists over far the greater portion of the inhabited earth. Until, within a very few centuries, it may be said to have existed over the whole earth - at least in all those portions of it which had made any advances towards civilization. We might safely conclude then, that it is deeply rooted in the nature of man and the exigencies of human society." (pg. 549)

"He who has obtained the command of another's labor, first begins to accumulate and provide for the future, and the foundations of civilization are laid. We find confirmed by experience that which is so evident in theory. Since the existence of man upon the earth, with no exception whatever, either of ancient or modern times, every society which has attained civilization, has advanced to it through this process." (pg. 552)

"Man is born to subjection. Not only during infancy is he dependent, and under the control of others; at all ages, it is the very basis of his nature, that the strong and the wise should control the weak and the ignorant. So it has been since the days of Nimrod. The existence of some form of slavery in all ages and countries, is proof enough of this." (pg. 555)

"It is the order of nature and of God, that the being of superior faculties and knowledge, and therefore of superior power, should control and dispose of those who are inferior. It is as much in the order of nature, that men should enslave each other, as that other animals should prey upon each other." (pp. 559-560)

"The tendency of population is to become crowded, increasing the difficulty of obtaining subsistence. There will be some without any property except the capacity for labor." (pg. 566)

"The employer of free laborers obtains their services during the time of their health and vigor, without the charge of rearing them from infancy, or supporting them in sickness or old age." (pg. 569)

"Servitude is the condition of civilization. It was decreed, when the command was given, ‘be fruitful, and multiply and replenish the earth, and subdue it,' and when it was added, ‘in the sweat of thy face shalt thou eat bread.'" (pg. 570) [Note: The scripture does not say: "in the sweat of other people's faces shalt thou eat bread."]

"Security is one of the compensations of their [the slaves] humble position...... If the state of slavery is to exist at all, the master must have, and ought to have, such power of punishment as will compel them to perform the duties of their station." (pg. 572)

"What is the essential character of slavery, and in what does it differ from the servitude of other countries? If I should venture on a definition, I should say that where a man is compelled to labor at the will of another, and to give him much the greater portion of the product of his labor, there slavery exists; and it is immaterial by what sort of compulsion the will of the laborer is subdued. It is what no human being would do without some sort of compulsion." (pg. 590) [Note: Many workers today have over 50% of their labor taken from them by the force of law. Refusal to give the labor demanded by the force of law results in being arrested and jailed without a jury trial. I ask you, is this not slavery?]

"In the slaveholding States, however, nearly one-half of the whole population, and those the poorest and most ignorant, have no political influence whatever, because they are slaves." (pg. 638)

"In an economical point of view - which I will not omit - slavery presents some difficulties. As a general rule, I agree it must be admitted, that free labor is cheaper than slave labor. It is a fallacy to suppose that ours is unpaid labor. The slave himself must be paid for, and thus his labor is all purchased at once, and for no trifling sum...... But besides the first cost of the slave, he must be fed and clothed, well fed and well clothed, if not for humanity's sake, that he may do good work, retain health and life, and rear a family to supply his place. When old or sick, he is a clear expense, and so is the helpless portion of his family. No poor law provides for him when unable to work, or bring up his children for our service when we need them. These are all heavy charges on slave labor. Hence, in all countries where the denseness of the population has reduced it to a matter of perfect certainty, that labor can be obtained, whenever wanted, and the laborer be forced, by sheer necessity, to hire for the smallest pittance that will keep soul and body together, and rags upon his back while in actual employment - dependent at all other times on alms and poor rates - in all such countries it is found cheaper to pay this pittance, than to clothe, feed, nurse, support through childhood, and pension in old age, a race of slaves." (pp. 646-647) [Note: Today's socialists should somehow be made to buy us first before exploiting our labor. Indeed, why buy the rights to the labor of multitudes if you can simply enact laws that feast upon their labor, thereby circumventing the purchasing process and absolving the lawmakers of the responsibilities of masters?]

"In the face of discussions which aim at loosening all the ties between master and slave, we have in some measure to abandon our efforts to attach them to us, and control them through their affections and pride. We have to rely more and more on the power of fear. We must, in all our intercourse with them, assert and maintain strict mastery, and impress it on them that they are slaves. This is painful to us, and certainly no present advantage to them. But it is the direct consequence of the abolition agitation. We are determined to continue masters, and to do so we have to draw the reign tighter and tighter day by day to assure that we hold them in complete check." (pg. 651) [Note: Do you not think that for one minute that those in power today are any different? Do you think that they have any intention of surrendering their power over the people's labor that has developed since the New Deal of the 1930's, especially now that the pecuniary interest in the people's labor is measured in billions of dollars per year?]

"I have said that slavery is an established and inevitable condition to human society. I do not speak of the name, but the fact." (pg. 661)

"We are well content to give up the Union sooner than sacrifice two thousand millions of dollars, and with them all the rights we prize." (pg. 663) [Note: Again, human nature does not change when it comes to power. What is important to today's rulers are not your rights, but the enormous sums of money that despoiling millions of the fruits of their labor yields.]

"It would be a perfect contradiction if the law authorized the purchase and holding of slaves, and yet forbid the enforcing the right of possession." (pg. 809) [Note: Today, of what value is the right to labor if the worker can be despoiled of the fruits of his/her labor by those in power? The right to labor becomes a mere abstraction of law and judges are placed in the courts that will not acknowledge the unconstitutionality of the practice.]

"These diversities, however, do not alter the general principle, which is, that rulers are to be obeyed in the exercise of their legitimate authority; that their commands or requirements beyond their appropriate spheres are void of all binding force. This is a principle which no one can dispute." (pg. 822)

"The idea of inducing the Souther slaveholder to emancipate his slaves by denunciation, is about as rational as to expect the sovereigns of Europe to grant free institutions, by calling them tyrants and robbers." (pg. 839)

Home

Back to Table of Contents

The New Common Law 1. NO FREE LABOR. Gradual socialism has destroyed the people's right to a free labor market. Workers do not receive the equivalent for their labor anymore, but an allowance that is called "take home pay." People receive paychecks with deductions. Labor (wage) taxation and labor (wage) garnishment is imposed on a massive scale. The ability to labor and earn bread is a privilege, not a right. This is a servile doctrine that is very, very old.	The Old Common Law 1. FREE LABOR MARKET. Before the New Deal workers received the equivalent of their labor with no income tax deductions. Workers received their pay in cash in a pay envelope. Those who rule over you have no intention of restoring this great right that has been taken from the people without asking the people's consent through constitutional amendment.
2. NO RIGHT OF LOCOMOTION. Before the New Deal there were no internal passports called drivers licenses. The licensing schemes that have developed since then have destroyed this aspect of personal liberty that used to be recognized in the law. The license represents a privilege, not a right, and those who drive on the public roads without the license are viewed as criminals by those in power. The right has been destroyed without seeking the people's consent through constitutional amendment. Driving an automobile has replaced horses and buggies. It is a privilege, not a right.	2. THE RIGHT OF LOCOMOTION. "Personal liberty consists in the power of locomotion, of changing situation, of removing one's person to whatever place one's inclination may direct, without imprisonment or restraint unless by due course of law." Bouvier's Law Dict, 1934 ed., pg. 706. Before the New Deal you were free to travel without internal passport papers. All institutions of slavery required by law that the slaves get permission from their masters before they could travel.
3. FIAT MONEY. One of the first things that the New Deal did was take the dollar off the gold standard, even though there was still enough gold to back the money supply. The right to earn money backed by gold and silver has been replaced with the privilege of earning fiat money. "Under the challenged statutes it is said the United States have realized profits amounting to $2,800,000,000. But this assumes that gain may be generated by legislative fiat. To such counterfeit profits there would be no limit; with each new debasement of the dollar they would expand. Two billions might be ballooned indefinitely- to twenty, thirty, or what you will." Justice McReynolds, 1935	3. MONEY BACKED BY GOLD & SILVER. Before the New Deal the money you earned could be redeemed for gold and silver coin.
4. ALL WHO LABOR ARE LOOKED UPON AS "TAXPAYERS" THAT MUST FILE AND PAY INCOME TAX. It is presumed that all who labor must have social security numbers, and that this number must be given to an employer as a condition of working and earning fiat money. Courts have already ruled that firing someone for not giving the number violates no constitutional rights. Newborn children are assigned numbers at birth that lay claim upon their future labor (partus sequitur ventrem). Assigning Taxpayer Identification Numbers to children at birth has become part of the new common law.	4. NO TAXATION UPON THE PAYROLLS OF WORKERS AND NO NUMBERS WERE ASSIGNED TO WORKERS THAT IDENTIFIED THEIR LABOR AS ARTICLES OF COMMERCE. This complimented the free labor market that existed back then.
5. FAMILY COURT & THE DIVORCE GROWTH INDUSTRY. The more labor that is taken from workers to support socialism, the less labor there is to support families. Combining this with no-fault divorce has seen the divorce rate increase dramatically. Before the New Deal the divorce rate was only around 15%; today it is over 50%. Child support guidelines operate directly upon the labor of workers thereby adding another layer of servitude upon the workers. Family Court judges show no regard for constitutional rights and enslave and plunder at will. Jailing the disobedient without the right to a jury trial has become part of the new common law and this power has already been upheld by the Circuit Court.	5. DIVORCE GRANTED ONLY FOR VALID REASONS. Adultery, cruelty, and desertion were the primary causes for divorce prior to the New Deal. No-fault divorce did not exist. Child support was included in alimony and it operated upon wealth, not labor. Judges were independent to make their own decisions and had a regard for the constitutional rights of individuals.
6. LEGISLATION IS WRITTEN BY THE EXECUTIVE BRANCH AND INTRODUCED INTO THE FEDERAL AND STATE LEGISLATURES. Russell Means, in a speech he gave in July, 2000, stated that around 90% of the legislation that Congress passes was written outside the halls of Congress by the executive branch. Congress has become a rubber stamp that feeds a massive executive bureaucracy. This practice was unanimously ruled unconstitutional in 1935 by the Supreme Court, but now it is common practice at both the federal and state levels. This is especially true when it comes to bills for raising revenue.	6. LEGISLATION WAS LIMITED TO THE ELECTED REPRESENTATIVES OF THE PEOPLE, NOT EXECUTIVE PERSONNEL. When laws were written by elected representatives, you could remove the representative in an election if you didn't like the laws that he wrote. But when laws are written by executive officers that are appointed and not elected, you can't get rid of them by voting them out of office. Executive legislation violates Article I, Sections 1 & 7 of the Constitution.
7. SALARIES AND WAGES OF OFFICERS AND EMPLOYEES OF FEDERAL AND STATE GOVERNMENTS ARE TAXED. Starting in 1939, New Deal legislation rubber stamped by Congress started taxing the salaries and wages of government officers and employees. Taxing tax money raises no revenue, so this is absurd, but it is necessary so that all will think they have a legal duty to file and pay income tax.	7. SALARIES AND WAGES OF GOVERNMENT OFFICERS AND EMPLOYEES NOT TAXED. This complimented the people's free labor market that existed back then. Taxing the salaries of the President and the judges violates Article II, Section 7 & Article III, Section 1 of the Constitution.
8. MANDATORY INSURANCE SCHEMES OPERATE UPON LABOR. Using the law to coerce people into buying insurance or face fines, imprisonment, and revocation of privileges is also a development since the New Deal. It is but another servitude imposed upon labor that despoils workers of the fruits of their labor without seeking the worker's consent. You supposedly have aright to work, but getting there if you drive an automobile is a privilege that can be revoked by the police power of the State.	8. VOLUNTARY INSURANCE. Workers had the right to buy or not to buy various forms of insurance. I could not find where the force of law was used prior to the New Deal to coerce people into buying insurance. Using the police power to coerce millions of people into buying insurance creates enormous business for insurance companies and thus guarantees billions of dollars in profits annually.