Commentaries on the Constitution, 1790-1860

Commentaries on the Constitution, 1790-1860
Author: Elizabeth Kelley Bauer
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 402
Release: 1999
Genre: Constitutional history
ISBN: 1886363668

Bauer, Elizabeth Kelley. Commentaries on the Constitution 1790-1860. New York: Columbia University Press, 1952. 400 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-45409. ISBN 1-886363-66-8. Cloth. $95. * A thorough survey and examination of the "formal commentaries" on the Constitution that were written as summaries of official pronouncements by proponents of the two major schools of constitutional interpretation before the Civil War--the nationalist Northern school as evidenced by the Marshall-Story decisions in the Supreme Court, and the Southern states rights advocates who lacked an equal spokesman. As this important study places the commentaries in a historical context by comparing their theories, examining their impact and their roots in the lives of the authors, it serves to illustrate "the early divergence between the North and South in theoretical discussions of the nature of the Union, and eventually lead to the constitutional justification of Southern secession." From the Preface.

The Commentaries on the Constitution of the United States; with a Preliminary Review of the Constitutional History of the Colonies and States, Before

The Commentaries on the Constitution of the United States; with a Preliminary Review of the Constitutional History of the Colonies and States, Before
Author: Joseph Story
Publisher: Theclassics.Us
Total Pages: 154
Release: 2013-09
Genre:
ISBN: 9781230285054

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1833 edition. Excerpt: ... but a composition of both. In its foundation it is federal, not national; in the sources, from which the ordinary powers of the government are drawn, it is partly federal and partly national; in the operation of these powers it is national, not federal; in the extent of them again it is federal, not national; and, finally, in the authoritative mode of introducing amendments it is neither wholly federal, nor wholly national.1 295. Time has in this, as in many other respects, assuaged the fears, and disproved the prophesies of the opponents of the constitution. It has gained friends in its progress. The states still flourish under it with a salutary and invigorating energy; and its power of direct action upon the people has hitherto proved a common blessing, giving dignity and spirit to the government, adequate to the exigencies of war, and preserving us from domestic dissensions, and unreasonable burthens in times of peace. 296. If the original structure of the government was, as has been shown, a fertile source of opposition, another objection of a more wide and imposing nature was drawn from the nature and extent of its powers. This, indeed, like the former, gave rise to most animated discussions, in which reason was employed to demonstrate the mischiefs of the system, and imagination to portray them in all the exaggerations, which fear and prophesy could invent. Looking back, indeed, to that period with the calmness, with which we naturally 1 The Federalist, No. 39. See also 1 Tucker's Black. App. 145. 146. -- The whole reasoning contained in the 39th number of the Federalist (of which the above is merely a summary) deserves a thorough examination by every statesman. See also on the same subject, Dane's App. 14, p....

Commentaries on the Constitution of the United States

Commentaries on the Constitution of the United States
Author: Joseph Story
Publisher: Wentworth Press
Total Pages: 742
Release: 2019-04-10
Genre:
ISBN: 9781012635626

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

View of the Constitution of the United States

View of the Constitution of the United States
Author: St. George Tucker
Publisher:
Total Pages: 0
Release: 1999
Genre: Common law
ISBN: 9780865972001

St. George Tucker's View of the Constitution, published in 1803, was the first extended, systematic commentary on the United States Constitution after its ratification. Generations learned their Blackstone and their understanding of the Constitution through Tucker. Clyde N. Wilson is Professor of History and editor of The Papers of John C. Calhoun at the University of South Carolina. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

The Transatlantic Gothic Novel and the Law, 1790–1860

The Transatlantic Gothic Novel and the Law, 1790–1860
Author: Bridget M. Marshall
Publisher: Routledge
Total Pages: 199
Release: 2016-02-17
Genre: Literary Criticism
ISBN: 1317013727

Tracing the use of legal themes in the gothic novel, Bridget M. Marshall shows these devices reflect an outpouring of anxiety about the nature of justice. On both sides of the Atlantic, novelists like William Godwin, Mary Shelley, Charles Brockden Brown, and Hannah Crafts question the foundations of the Anglo-American justice system through their portrayals of criminal and judicial procedures and their use of found documents and legal forms as key plot devices. As gothic villains, from Walpole's Manfred to Godwin's Tyrrell to Stoker's Dracula, manipulate the law and legal system to expand their power, readers are confronted with a legal system that is not merely ineffective at stopping villains but actually enables them to inflict ever greater harm on their victims. By invoking actual laws like the Black Act in England or the Fugitive Slave Act in America, gothic novels connect the fantastic horrors that constitute their primary appeal with much more shocking examples of terror and injustice. Finally, the gothic novel's preoccupation with injustice is just one element of many that connects the genre to slave narratives and to the horrors of American slavery.