Commentaries on the Constitution of the United StatesThe Lawbook Exchange, Ltd., 2005 - 1408 oldal 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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... admitted by the congress into this Union ; but no new state shall be formed or erected within the jurisdiction of any other state ; nor any state be formed by the junction of two or more states , or parts of states , without the consent ...
... admitted to possess a present right of occupancy , or use in the soil , which was subordinate to the ultimate dominion of the discoverer . They were admitted to be the rightful occupants of the soil , with a legal as well as just claim ...
... admitted , that Mason , under his grant , had no right to exercise any powers of government , a commission was , in the same year , issued by the crown for the government of New Hampshire.5 By the form of government , described in this ...
... admitted into this Union , but was refused , upon the ground that the territory was within the limits of Plymouth colony . It does not appear that sub- sequently the colony became a party to it.3 1 2 Haz . Coll . 1 to 6 ; 2 Winthrop's ...
... admitted , and the extent of sovereignty , which might be lawfully exercised over them , either by the crown , or by parlia- ment . In regard to the crown , all of the colonies admitted , that they owed allegiance to the king , as their ...