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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... exclusive right to their respect- ive writings and discoveries : 9. To constitute tribunals inferior to the supreme court : 10. To define and punish piracies , and felonies committed on the high seas , and offences against the law of ...
... exclusive right to territory . It was probably adopted by the European nations as a convenient and flexible rule , by which to regulate their respective claims . For it was obvious , that in the mutual contests for dominion in newly ...
... exclusive right of the discoverer to appropriate the lands occupied by the Indians . Have the American States re- jected or adopted this principle ? 6 § 29. " By the treaty , which concluded the war of our revolution , Great Britain ...
... exclusive right to purchase from the Indians resided in the government . § 32. " In pursuance of the same idea , Virginia proceeded , at the same session , to open her land - office for the sale of that country , which now constitutes ...
... exclusive right to extinguish the Indian title of occupancy , either by purchase or by conquest ; and gave also a right to such a degree of sovereignty , as the circumstances of the people would allow them to exercise . § 38. " The ...