Commentaries on the Constitution of the United StatesThe Lawbook Exchange, Ltd., 2005 - 1408 páginas 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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... applied to the colonies and plantations com- posing our Union . In the charters , under which all these colonies were settled , with a single exception , 2 there is , as has been already seen , an express declaration , that all subjects ...
... applied to the use of the colony , in which it was levied . But it failed of its object . The spirit of resistance had then become stubborn and uncontrollable . The colonists were awake to a full sense of all their rights ; and habit ...
... applied in the course of administration to discharge the debts of the party deceased . This was a natural result of the condition of the people in a new country , who possessed little moneyed capital ; whose wants were numerous ; and ...
... applied.2 § 183. In respect to the political relations of the colonies with the parent country , it is not easy to state the exact limits of the depend- ency , which was admitted , and the extent of sovereignty , which might be lawfully ...
... applied to states . The term " sovereign " or " sovereignty " is used in different senses , which often leads to a confusion of ideas , and some- times to very mischievous and unfounded conclusions . By " sove- reignty " in its largest ...