Wow, that's an awkwardly worded phrase. Was it written in a present context, or was it referring to a time prior to 1812? I ask this because while federal common law exists, there is really no criminal common law to punish crimes.

Sedition was a common law offense in England. Federal common law (after Erie v. Tompkins in the 1930s) is limited to certain areas, where Congress intentionally used vague and general language in statutes, and may be rendered moot with the enactment of a specific law. Anti-trust, interstate commerce, and civil rights come to mind.

But the federal courts have no authority to hear a criminal case, based solely on common law. Fortunately, sedition trials are very rare, likely because the offense has always seemed to be on shakyconstitutional ground.

My criminal practice was exclusively in state court, but I can not find a basis where a federal court can rely on common law today to punish a defendant for sedition.

Maybe docan be more of ahelp .