in Order to establish…




establish – To enact or decree by authority and for permanence; to ordain; to appoint; as, to establish laws, regulations, institutions, rules, ordinances, etc.


justice – Equity; agreeableness to right; as, he proved the justice of his claim. This should, in strictness, be justness.


justness – Justice; reasonableness; equity; as the justness of a cause or of a demand. [Justness is properly applied to things, and justice to persons; but the distinction is not always observed.]

Article I Section 8 Clause 9


To constitute Tribunals inferior to the supreme Court;


Article III Section 1


The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish…


Article III Section 2


The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;–between a State and Citizens of another State,–between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.


Article VI Clause 2


This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.


Judiciary Act of 1789, Section 34


And be it further enacted, That the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.


Amendment X


The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Summary –


All political power is inherent in the People.  The powers not delegated to the United States by the Constitution are the only powers that are reserved to either the States or to the People.  The common law that is used in the United States are the laws of the several States and the Laws of the United States.  They were enacted by the elected representation of the People and are not based on precedent, oral tradition, English Common Law or the Magna Carta.  For a review of the debates and personal correspondence of the Founders please visit: