America was founded under common law. Indeed our forebears revolted against the king of England in large part because he attempted to replace our common law with admirality law. Common law was the American norm until 1938. Thereafter common law was submerged under what is called statutary jurisdiction, including the Uniform Commercial Code. Statutary jurisdiction appears to be similar to admiralty law. The troubles plaguing our courts today appear to stem in significant part from statutary jurisdiction. Let us bring back common law in some situations. Thereafter we could more effectively evaluate the merits of statutary jurisdiction and common law and move toward even deeper reform.

What is common law? It includes these attributes. The jurors, who are drawn from among our neighbors, are supreme in the court room. The judge is but an advisor. Common law is suitable for law on land.

What is admirality law? It includes these attributes. The judge is supreme in the court room. Juries are convened at the discretion of the judge and if convened, jurors enjoy such powers as the judge affords them. Admirality law was beloved by the king and rich merchants. It earned this name because it is compared to the rule of the captain of a ship. A sea voyage was an arduous, risky task. What the captain said on board was law. He permitted juries or not, as he saw fit.

Where might common law be reestablished and tried anew? There are some in Congress who would reinstate common law for instances regarding religious liberty. This is a good idea. Perhaps we could also reinstate it for those situations in which an American citizen is accused of terrorism. In the latter case, there would be an added beneft. We could afford to allow further consolidation of our intelligence agencies in their fight against terrorists. Why? Because common law involves a check and balance on government. First and foremost, we the people are deciding the ultimate fate of an accused neighbor. Also, under common law, a grand jury can investigate a government agency or agencies for abuse of power. If the strengthened intelligence agencies went out of kilter, and if there was a rash of unfair accusations of citizens, then the people could look for fault in the accusers.