Asumptions, Common Law, and Common Sense
rainbowbob said:
Wasn't it assumed under the Constitution - without specifying it - that women and slaves did not posses the same civil rights as white males? Just askin'.
There is nothing in the Constitution to even suggest that as far as women and voting was concerned. All laws on who was allowed to vote were up to the several states until the Fifteenth, Nineteenth, and Twenty-sixth Amendments forbade the Union and the several states to deny the vote to anyone on account of race, color, or previous condition of servitude; sex; or on account of age for anyone eighteen or older, respectively. Note that none of those amendments alter anything previously in the Constitution.
Slaves were an entirely different matter up until the Thirteenth, Fourteenth, and Fifteenth Amendments. But there was nothing assumed about the status of the slaves. They were considered to be held to service or labor according to state law and the Constitution provided authority for such persons to be returned to whom such service or labor was due if they escaped. I find it interesting that these slaves - never called such in the Constitution - were considered persons in spite of their condition of servitude.
Drgong said:
Assumed under common law.
Common law is inferior to statutory law and most certainly inferior to constitution law. Everyone has the same rights, no exceptions. Some may not be trustworthy enough to exercise those rights and may be deprived their exercise of those rights by due process or their legal guardian(s). Those people are not lessor or inferior; just insane, criminal, or immature.
The only mention of "common law" in the Constitution is in the Sixth Amendment, and it deals with issues where a value of Twenty Dollars or more is involved. It's for things where there is no statute controlling an issue such as, "You dropped your anchor through my boat!" and the retort is, "You scratched my anchor!" You won't find a statute controlling such a dispute and a suit at common law may proceed to resolve the issue. "
If there be a controversy between men, and they come unto judgment, that the judges may judge them, then they shall justify the righteous and condemn the wicked" Deuteronomy 25:1-3
Don't confuse "common law" with things like "common characteristics" - things people have in common - or laws strictly for us commoners. It's more like common sense. We all know that the law trumps common sense. Gun control laws are a good example.
Woody
"I pledge allegiance to the rights that made and keep me free. I will preserve and defend those rights for all who live in this Union, founded on the belief and principles that those rights are inalienable and essential to the pursuit and preservation of life, liberty, and happiness." B.E.Wood