This remained the common-law definition of marriage throughout the British Empire and successor states.
But the difficulty with this approach was that modern definitions have strayed far from the common-law definition.
"The arcane distinctions embedded in the common-law definition have little relevance to modern law enforcement concerns."
For these reasons, the Court rejected the idea of reading 924(e)'s definition of "burglary" as the common-law definition.
Congress having left out a definition, "employee" was understood to be common-law master-and-servant definition.
(Of course, today this behavior would be subject to punishment under statutory definitions of crimes rather than common-law definitions.)
For example, if a state's murder statute does not define "human being," that state's courts will rely on the common-law definition.
Second, Justice Stevens said, the common-law definition of extortion, as well as its history in American law, did not require a demand by a public official.