Elmarnieh wrote:
Diamondeye wrote:
Elmarnieh wrote:
Its a power under Common Law which as ruled by the SC supersedes statutory or precedent. That being said, the minimum one can arrest for is observation of a felony - some states may allow for broader powers but I'm not speaking in the scope of any specific state.
Show your work regarding common law.
"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.
"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 O'Neal.
The U.S. adopted the Common Laws of England with the Constitution. Coldwell v. Hill, 176 S.E. 383 (1934).
This in no way supersedes statutory law or precedent. In that case, the decision was that the Constitution, namely the 14th ammendment, could not be superseded by act of Congress.
The only thing the decision of the court means is that in order to udnerstnad what the Constitution is supposed to mean, common law history has to be consulted as it would have been impractical to reate a legal system utterly from scratch when the country was founded.
Common LawQuote:
Common law, also known as case law or precedent, is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions.
Common law does not supersede precedent, it
is precedent. It also cannot supersede statutory law merely by virtue of being common law; it is not some sort of unalterable law in perpetuity.
Quote:
In 1938, the U.S. Supreme Court in Erie Railroad Co. v. Tompkins 304 U.S. 64, 78 (1938), overruled earlier precedent,[57] and held "There is no federal general common law," thus confining the federal courts to act only as interpreters of law originating elsewhere. E.g., Texas Industries v. Radcliff, 451 U.S. 630 (1981) (without an express grant of statutory authority, federal courts cannot create rules of intuitive justice, for example, a right to contribution from co-conspirators). Post-1938, federal courts deciding issues that arise under state law are required to defer to state court interpretations of state statutes, or reason what a state's highest court would rule if presented with the issue, or to certify the question to the state's highest court for resolution.
Later courts have limited Erie slightly, to create a few situations where United States federal courts are permitted to create federal common law rules without express statutory authority, for example, where a federal rule of decision is necessary to protect uniquely federal interests. See, e.g., Clearfield Trust Co. v. United States, 318 U.S. 363 (1943) (giving federal courts the authority to fashion common law rules with respect to issues of federal power, in this case negotiable instruments backed by the federal government); see also International News Service v. Associated Press, 248 U.S. 215 (1918) (creating a cause of action for misappropriation of "hot news" that lacks any statutory grounding, but that is one of the handful of federal common law actions that survives today); National Basketball Association v. Motorola, Inc., 105 F.3d 841, 843-44, 853 (2d Cir. 1997) (noting continued vitality of INS "hot news" tort under New York state law, but leaving open the question of whether it survives under federal law). Except on Constitutional issues, Congress is free to legislatively overrule federal courts' common law.
There is no Federal common law, and Congress has the power to override it.