allodial
05-03-15, 08:40 PM
Law of the Land - a phrase used in the Magna Carta to refer to the then established law of the kingdom (as distinct from Roman or civil law); today it refers to fundamental principles of justice commensurate with due process
[If "civil law" is read as "admiralty" it might prove to be more insightful.]
Most all people have a preconceived idea that the words Law of the Land, means the Constitution, some think it means Treaties because of what the US Supreme Court had stated about treaties being supreme. Still others think it means the Declaration of Independence.
These are all myths perpetrated by Government for so long that even patriot people believe this to be. I don't believe that anyone has really read, in the law dictionaries, the real definition of "Law of the Land". I have not seen one author bring this up as long as I have been in the battle with government. I had put some of this material on email about 10 months ago and got no response.
I start with Ballentine's Law Dictionary 3rd Ed. 1969. Page 714 and only the pertinent part to keep this short as you can read the rest.
"law of the land. The term in a constitutional provision that `no person ought to be taken, imprisoned, or divested of his freehold, liberty or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty, or property but by the law of the land," is synonymous with due process of law. (Source/more (https://www.1215.org/lawnotes/work-in-progress/lawoftheland.htm))
Related:
The Myth of the Term 'Law of the Land'" (https://www.1215.org/lawnotes/work-in-progress/lawoftheland.htm)
Treaties vs. the Constitution (local link) (http://savingtosuitorsclub.net/showthread.php?1384-Treaties-vs-the-Constitution)
(more links to come soon)
[If "civil law" is read as "admiralty" it might prove to be more insightful.]
Most all people have a preconceived idea that the words Law of the Land, means the Constitution, some think it means Treaties because of what the US Supreme Court had stated about treaties being supreme. Still others think it means the Declaration of Independence.
These are all myths perpetrated by Government for so long that even patriot people believe this to be. I don't believe that anyone has really read, in the law dictionaries, the real definition of "Law of the Land". I have not seen one author bring this up as long as I have been in the battle with government. I had put some of this material on email about 10 months ago and got no response.
I start with Ballentine's Law Dictionary 3rd Ed. 1969. Page 714 and only the pertinent part to keep this short as you can read the rest.
"law of the land. The term in a constitutional provision that `no person ought to be taken, imprisoned, or divested of his freehold, liberty or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty, or property but by the law of the land," is synonymous with due process of law. (Source/more (https://www.1215.org/lawnotes/work-in-progress/lawoftheland.htm))
Related:
The Myth of the Term 'Law of the Land'" (https://www.1215.org/lawnotes/work-in-progress/lawoftheland.htm)
Treaties vs. the Constitution (local link) (http://savingtosuitorsclub.net/showthread.php?1384-Treaties-vs-the-Constitution)
(more links to come soon)