Wednesday, March 4, 2009

Quo Warranto

Quo Warranto is one of the oldest rights in common law.

According to Constitution.org: "The common law writ of Quo Warranto has been suppressed at the federal level in the United States, and deprecated at the state level, but remains a right under the Ninth Amendment which was understood and presumed by the Founders, and which affords the only judicial remedy for violations of the Constitution by public officials and agents."

"The earliest case on record appears in the 9th year of Richard I, 1198," he wrote. "The statute of 9 Anne c. 20 in 1710 authorized a proper officer of a court, with leave of the court, to exhibit an information in the nature of Quo Warranto, at the 'relation' of any person desiring to prosecute the same – to be called the relator. Early American statutes were modeled after the Statute of Anne and, indeed, the statute has often been ruled to be part of the common law we inherited from England."

No comments: