“Common Law”

Sovereign citizens frequently reference “common law” to support their arguments against the legitimacy of the U.S. legal system. However, they misunderstand the concept and its role in the modern United States. Here’s how they twist the concept:

The Real Meaning of Common Law:

• Common law is a legal system based on judicial precedent, meaning past court decisions become the foundation for future rulings in similar cases.
• It originated in England and formed the basis for legal systems in many former British colonies, including the United States.

Sovereign Citizen Misconception:

• Misunderstanding Common Law: Common law is a legal tradition based on judicial precedent, where court decisions in prior cases influence future rulings [1, 2]. Sovereign citizens often misunderstand its role and limitations.
• Fabricated Sovereign Exemption: They believe “common law” applies only to government entities and corporations, not to themselves as “sovereign individuals.” This fabricated distinction has no basis in reality [2, 3].
• Challenge to Statutory Law: Sovereign citizens might use “common law” to argue that any laws not explicitly derived from common law (like traffic laws) are illegitimate and unenforceable. This misrepresents the legal system [3].
• Attempt to Manipulate Legal Proceedings: Sovereign citizens might reference “common law” in arguments or documents, hoping to confuse judges or court personnel and derail proceedings [4]. Courts recognize these tactics and focus on the established legal framework.

Why It’s Wrong:

• The U.S. Has a Dual System: The United States has a dual legal system that incorporates both common law and statutory law. Federal and state legislatures enact laws, and courts interpret and apply those laws while also considering relevant precedents.
• Admiralty Law for Specific Cases: Admiralty law is a specialized body of law for maritime matters and doesn’t replace common law entirely.

Sovereign Citizen Goals:

• Challenge Legal Authority: By claiming the U.S. only operates on common law, they attempt to discredit the legitimacy of statutory law and legal institutions.
• Avoid Legal Obligations: They believe this somehow frees them from obligations established by statutes, such as taxes or regulations.

Important Points to Remember:

• Misusing “common law” doesn’t exempt someone from following laws or court orders.
• Courts will look at the relevant legal principles, including common law and statutory law, when making decisions.
• Sovereign citizen arguments based on a distorted understanding of common law hold no weight in court.

Citations:

• [1] Cornell University Law School: Legal Information Institute: Common Law [“Common Law.” Legal Information Institute, Legal Information Institute, [www.law.cornell.edu/wex/common_law. ]
• [2] Anti-Defamation League: The Sovereign Citizen Movement [https://www.adl.org/resources/backgrounder/sovereign-citizen-movement-united-states]
• [3] Southern Poverty Law Center: Sovereign Citizens [https://www.splcenter.org/fighting-hate/extremist-files/group/moorish-sovereign-citizens]
• [4] FBI Law Enforcement Bulletin: Sovereign Citizens: A Growing Domestic Threat to Law Enforcement [https://leb.fbi.gov/articles/featured-articles/sovereign-citizens-a-growing-domestic-threat-to-law-enforcement]