National law

Definition and stakes

Portrait of Joseph Story Joseph Story,  Commentaries on the Constitution of the United States (1833)

“ It would be singular enough, if, in framing a national government, that common law, so justly dear to the colonies, as their guide and protection, should cease to have any existence, as applicable to the powers, rights, and privileges of the people, or the obligations, and duties, and powers of the departments of the national government. If the common law has no existence, as to the Union, as a rule or guide, the whole proceedings are completely at the arbitrary pleasure of the government, and its functionaries in all its departments. ”
Source: Wikisource

by George Howard Earle, Jr.,  The Liberty to Trade as Buttressed by National Law…

“ As national and constitutional rights are, if not entirely, at least chiefly, the liberty or right to enjoy other rights; and as those other rights are, as we have already explained, also chiefly, if not entirely, protected by and within State jurisdiction, an action for damage must, in practically every case, involve that which is both interstate and intra-state. ”
Source: Wikisource

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