Wrong. Common law (English common law) preceded our Constitution. You’re describing but mislabeling Constitutional judicial review. See how much “complex law” a motivated, informed citizen grasps?
Are you claiming to be the motivated, informed citizen here? Because you plainly are not informed if you don't think that the United States is a common law system. There was common law before the US existed, we then continued on with the same system...
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Care to define "Cruel and unusual?"
How about "excessive?"