The Common law and Common Sense

“In most common law jurisdictions, the general concept and analysis of fact reflects fundamental principles of jurisprudence, and is supported by several well-established standards. Matters of fact have various formal definitions under common law jurisdictions.”

Senator Niederhauser,

In a recent conversation with the tax commission appeals court, I questioned whether the hearing was interested in the truth.  Without saying it, the court was not interested in the truth only the law and the fact.  A fact is defined by something that is true.  I believe that you will find that the principles outlined herein establish fundamental principles incorporated in Article I, §27 of the State Constitution.  At the beginning of the 2014 legislative session you indicated that you distributed a medallion  with the inscription from Article I, §27 about frequent recurrence to fundamental principles to protect our rights.  I have emailed the question to you and others in the legislature as to what they felt were some of the fundamental principles of government.  To date there has been no response.

Watched an interesting presentation by Dr. Ben Carson, showing on NewsmaxTV, Direct TV channel 349 at 7 pm all this week.  He presented an unique idea for health care which the State should consider.  Also he spoke to law as just common sense.  And this is the basis for the common law.  We do not need attorneys to interrupt a common sense idea.  They depend upon the civil law for their support.  The legal profession finds comfort in Utah Code Section 76-1-105.  It keeps them in business and the people under their control.  76-1-105 needs to be repealed.  I would be interested to hear the view of the opposition to this idea.

It is of little value to those in the legislature to recite Article I, §27 if they have no idea as to what are the fundamental principles of our republic are.  I have previously outlined several principles that I find to be fundamental and should guide the legislature in formulating legislation.  I noted in your last news letter that the legislators outline the bill to be submitted to whole and these outlines are then given to “attorneys” to complete the draft.  In my opinion, this is dangerous.  These are civil law educated attorneys with little knowledge of the principles of common law.  The common law is only common sense.  The legislature should be drafting and passing legislation that is easy for the people to understand.  Present legislation is difficult to understand and this is why they say that “we should see an attorney”.

The following is a basic outline that clearly presents the conclusion that sovereignty, delegation, and jurisdiction are some of the fundamental principles that are being ignored by the legislature.

1. The Constitution and all laws passed in pursuant to the Constitution are the law of the land.    Article VI, cl. 2

2.  It has been established by history that the authors of the constitution established a republic not a democracy.

3.  The Constitution imposes a duty upon the States to establish a republican form of government under which to  govern the citizens of the respective states.  Article IV, §4

4.  A republican system of government recognizes the common law which is in contrast to the civil law system which functions in a democracy.

5.   Fundamental principles established by the common law, among others, are the sacred nature of life, liberty, property and natural rights.

6.  The common law jurisdiction also reflects fundamental principles of jurisprudence, and is supported by several well-established supreme court decisions.

In taxation, several well-established standards include:

A.  Sovereignty

B.  Delegation of authority

C.  Legislative Jurisdiction

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