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English Common Law, sometimes called “unwritten law” is judge made law that reflects the customs and usages of the population. After the American Revolution the U.S. common law continued to be used extensively, however, the U.S. Constitution and State Constitutions mandated that laws be enacted by the Congress or State Legislatures.
Which system of laws do you believe is better for the U.S. and why? Assume for the sake of this discussion that there is no requirement that all laws be enacted by the legislative branch of government.
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