Commentaries on the Constitution of the United StatesThe Lawbook Exchange, Ltd., 2005 - 1408 Seiten Reprint of the second edition, with additions by his son, W.W. Story [1819-1895]. Originally published: Boston: Little, Brown and Company, 1851. Two volumes. xxxiii, 734; 632 pp. First published in 1833, this work is generally considered to be the most important work written on the American Constitution before the Civil War, and it remains an important work. Dedicated to John Marshall, it presents a strongly Nationalist interpretation. It is divided into three books. Book I contains a history of the colonies and discussion of their charters. Book II discusses the Continental Congress and analyzes the fl aws that crippled the Articles of Confederation. Book III begins with a history of the Constitution and its ratification. This is followed by a brilliant line-by-line exposition of each of its articles and amendments. Comparing it to The Federalist, James Kent said that Story's work was "written in the same free and liberal spirit, with equal exactness and soundness of doctrine, and with great beauty and eloquence of composition.... Whoever seeks...a complete history and exposition of this branch of our jurisprudence, will have recourse to [this] work, which is written with great candor, and characterized by extended research, and a careful examination of the vital principles upon which our government reposes." cited in Marvin, Legal Bibliography 669-670. Apart from James Kent, no man has had greater influence on the development of American law than Joseph Story [1779-1845]. He was Dane Professor of Law at Harvard, where he played a key role in the growth of the school and the establishment of its national eminence. His many books have been cited extensively to this day. An associate justice of the U.S. Supreme Court from 1812 to 1845, and the youngest person ever to serve on the Court, he was the author of several landmark decisions, such as Martin v. Hunter's Lessee and Prigg v. Pennsylvania. |
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... deemed a bill of rights . By it , it was declared , that " no man's life shall be taken away ; no man's honor or good name shall be stained ; no man's person shall be arrested , restrained , banished , dismembered , nor any ways ...
... deemed one of the best drawn of the colonial charters , and which underwent the revision , not merely of the law officers of the crown , but of the then Lord Chief Justice ( North ) of England . It has been remarked , as a singular ...
... deemed to have gained the right , though it had not yet formed a regular colony there . We have also seen , that the title of the Indians was not treated as a right of propriety and dominion ; but as a mere right of occupancy . As ...
... deemed a conquered people , who had been stripped of their territorial possessions by superior force . They were considered as a people , not having any regular laws , or any organized government ; but as mere wandering tribes.2 They ...
... deemed a part of the ancient dominions ; and the subjects inhabiting them to belong to a common country , and to retain their former rights and privileges . The government in its public policy and arrangements , as well as in its ...