I think he means they accept common law doctrines as part of the law. For exampl... | Hacker News

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		giantg2 on April 25, 2021 \| parent \| context \| favorite \| on: “No Defense of the Indefensible”: L.A. Judge Makes... I think he means they accept common law doctrines as part of the law. For example, malicious prosecution is not a statute (in some states) but can still be prosecuted (I forget if they handle it civilly or criminally) under common law doctrine.

PeterWhittaker on April 26, 2021 [–]

Essentially.

The constitution is the floor the stool sits on, and it supports common law both implicitly (cf, e.g., [1]), and explicitly (cf the 7th Amendment).

[1] https://constitutionalism.wordpress.com/2008/09/15/common-la...

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