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WASHINGTON -- A specter is haunting the Republican Party -- though thankfully it is no longer the recently defeated Arlen Specter, who managed to be equally troublesome as both ally and foe. It is the specter of ideological overreach.
Some will immediately protest that President Obama and congressional leaders are the ones who are guilty of overreach. Which is also true. Tuesday was the latest in a series of elections that have punished not just incumbents but incumbents associated with the expansion of government. Even Democrat Mark Critz, the winner of this week's House special election in Pennsylvania, campaigned in opposition...
The Pauline Overreach
1) Common law was not incorporated into the US constitution. This was due to the fact that laws for the people were left to the states as stated in the 10th. It cannot even exist under a constitution that specifically separates the legislative and judicial powers.
2) Common law is meant to be a protection against capriciousness from the government or the connected and protect the rights of the people. To say that now common law can be used to deprive one of the full capacity of determining the use of one's property is absurd.