[fapjacks]

Well, state law could fall back on martian (with an "n") law. It doesn't matter. Laws exist to state the thing you cannot do. If there is no law against the thing, the thing's not illegal. Falling back on another system doesn't make it any less true that unless there's a law against a thing, you are free to do that thing. And I'd add that laws stating a thing must be done a certain way are simply excluding all other ways of doing a thing. And even if English Common Law fell back on some unspoken Viking Code, the entire body of law exists to state what is forbidden.