Judiciary-Act-1789

The movement claim that Swift v. Tyson establishes the Constitution as 'predicated upon the common law' and federal courts as applying common law as the foundational basis of federal jurisprudence is unsupported

Swift v. Tyson (1842) once let federal courts apply general federal common law in diversity cases. Erie Railroad v. Tompkins (1938) overruled it explicitly. The movement still cites Swift for the proposition that the Constitution is 'predicated upon the common law,' and treats Swift as live authority. It isn't — it was overruled the better part of a century ago.