T H E R E T R O B O R O
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RETRO EVOLUTION
TEXT The law of the urban jungle
It is implicit in this letter to Edmund Randolph, that Jefferson
considered the Constitution to be a civil law instrument quite
like the Articles of Association--thereby contradicting today's
Patriots, Libertarians, Tea Partycrats and Judeo-Christians, many
of whom assert further that the common law was based on the Torah,
and was the basis of colonial charters. Jefferson was in good
company, as Blackstone clearly showed that the common law did not
extend to the "American plantations." Even the English Bill of
Rights did not apply in the Colonies--for basically an identical
rationale that the U.S. Bill of Rights does not apply in Puerto
Rico as stated in the Balzac decision, namely that "The Congress
shall have Power to dispose of and make all needful Rules and
Regulations respecting the Territory or other Property belonging
to the United States" according to Article IV, Section 3,
paragraph ii, clause 1. The Constitution is accordingly an
instrument of civil law that allows for a perpetuation of feudal
practices, some of which had been curbed in England, yet
nonetheless were imposed on the Colonies to an ever increasing
degree by the House of Hanover: e.g., the same licencing
requirement upon non-trial lawyers within the "free System of
English Laws" as had been imposed upon trial lawyers in the
regulated system of laws, whether it be German or Norman in
essence.
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