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Author : Joseph Story
Publisher : Unknown
Page : 788 pages
File Size : 51,5 Mb
Release : 1833
Category : Constitutional history
ISBN : NYPL:33433081767448
Author : Joseph Story
Publisher : Unknown
Page : 536 pages
File Size : 49,6 Mb
Release : 2015-06-29
Category : Law
ISBN : 1330484932
Excerpt from Commentaries on the Constitution of the United States, Vol. 1 of 3: With a Preliminary Review of the Constitutional History of the Colonies and States, Before the Adoption of the Constitution Sir, I ask the favour of dedicating this work to you. I know not, to whom it could with so much propriety be dedicated, as to one, whose youth was engaged in the arduous enterprises of the Revolution; whose manhood assisted in framing and supporting the national Constitution; and whose maturer years have been devoted to the task of unfolding its powers, and illustrating its principles. When, indeed, I look back upon your judicial labours during a period of thirty-two years, it is difficult to suppress astonishment at their extent and variety, and at the exact learning, the profound reasoning, and the solid principles, which they every where display. Other Judges have attained an elevated reputation by similar labours in a single department of jurisprudence. But in one department, (it needs scarcely be said, that I allude to that of constitutional law, ) the common consent of your countrymen has admitted you to stand without a rival. Posterity will assuredly confirm by its deliberate award, what the present age has approved, as an act of undisputed justice. Your expositions of constitutional law enjoy a rare and extraordinary authority. They constitute a monument of fame far beyond the ordinary memorials of political and military glory. They are destined to enlighten, instruct, and convince future generations: and can scarcely perish but with the memory of the constitution itself. They are the victories of a mind accustomed to grapple with difficulties, capable of unfolding the most comprehensive truths with masculine simplicity, and severe logic, and prompt to dissipate the illusions of ingenious doubt, and subtle argument, and impassioned eloquence. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Joseph Story
Publisher : Theclassics.Us
Page : 234 pages
File Size : 45,7 Mb
Release : 2013-09
Category : Electronic
ISBN : 1230199659
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: ... wholly immaterial, that the law to be administered in cases of foreigners is often very distinct from the mere municipal code of a state, and dependent upon the law merchant, or the more enlarged consideration of international rights and duties, in a case of conflict of the foreign and domestic laws.1 And it may fairly be presumed, that the national tribunals will, from the nature of their ordinary functions, become better acquainted with the general principles, which regulate subjects of this nature, than other courts, however enlightened, which are rarely required to discuss them. 1693. In regard to controversies between an American and a foreign state, it is obvious, that the suit must, on one side at least, be wholly voluntary. No foreign state can be compelled to become a party, plaintiff or defendant, in any of our tribunals.* If, therefore, it chooses to consent to the institution of any suit, it is its consent alone, which can give effect to the jurisdiction of the court. It is certainly desirable to furnish some peaceable mode of appeal in cases, where any controversy may exist between an American and a foreign state, sufficiently important to require the grievance to be redressed by any other mode, than through the instrumentality of negotiations.3 DEGREES 1694. The inquiry may here be made, who are to be deemed aliens entitled to sue in the courts of the United States. The general answer is, any person, who is not a citizen of the United States. A foreigner, who is naturalized, is no longer entitled to the character tion of the constitution, by suits brought in the national courts. See Ware v. Hyllon, 3 Dall. R. 199. i See 1 Tucker's Black. Comm. App. 421; 3 Elliot's Deb. 282, 283 2 See 2 Elliot's Deb. 391, 407; Foster v
Author : Joseph Story
Publisher : Unknown
Page : 788 pages
File Size : 54,8 Mb
Release : 2020-02-24
Category : History
ISBN : 0371287812
Author : H. Lowell Brown
Publisher : Rowman & Littlefield
Page : 253 pages
File Size : 44,9 Mb
Release : 2017-05-24
Category : History
ISBN : 9781683930488
The book is a work of non-fiction. The book is a historical analysis of the evolution of a uniquely American constitutionalism that began with the original English royal charters for the exploration and exploitation of North America. When the U.S. Constitution was written in 1787, the accepted conception of a constitution was that of the British constitution, upon which the colonists had relied in asserting their rights with respect to the imperium, comprised of ancient documents, parliamentary enactments, administrative regulations, judicial pronouncements, and established custom. Of equal significance, the laws comprising the constitution did not differ from other statutes and as a consequence, there was no law endowed with greater sanctity than other legislative enactments. In framing the revolutionary state constitutions following the retreat of the crown governments in the colonies, as well as the later federal Constitution, the Revolutionaries fundamentally reconceived a constitution as being the single authoritative source of fundamental law that was superior to all other statutes, regulations, and judicial decisions, that was ratified by the states and that was subject to revision only through a formal amendment process. This new constitutional conception has been hailed as the great innovation of the revolutionary period, and deservedly so. This American constitutionalism had its origins in the now largely overlooked royal charters for the exploration of North America beginning with the charter granted to Sir Humphrey Gilbert by Elizabeth I in 1578. The book follows the development of this constitutional tradition from the early charters of the Virginia Companies and the covenants entered of the New England colonies, through the proprietary charters of the Middle Atlantic colonies. On the basis of those foundational documents, the colonists fashioned governments that came to be comprised not only of an executive, but an elected legislature and a judiciary. In those foundational documents and in the acts of the colonial legislatures, the settlers sought to harmonize their aspirations for just institutions and individual rights with the exigencies and imperatives of an alien and often hostile environment. When the colonies faced the withdrawal of the crown governments in 1775, they drew on their experience, which they formalized in written constitutions. This uniquely American constitutional tradition of the charters, covenants and state constitutions was the foundation of the federal Constitution and of the process by which the Constitution was written and ratified a decade later.
Author : David Lynch
Publisher : Bloomsbury Publishing
Page : 273 pages
File Size : 46,9 Mb
Release : 2018-02-08
Category : Law
ISBN : 9781509910861
While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.
Author : Canada. Parliament. Legislative Assembly
Publisher : Unknown
Page : 534 pages
File Size : 44,8 Mb
Release : 1850
Category : Electronic
ISBN : CHI:74612158
Author : Canada. Legislature. Legislative Assembly,Canada. Parliament. Legislative Assembly
Publisher : Unknown
Page : 522 pages
File Size : 47,6 Mb
Release : 1850
Category : Canada
ISBN : OSU:32435063964480
Author : Joseph Story
Publisher : Hardpress Publishing
Page : 542 pages
File Size : 45,5 Mb
Release : 2012-08-01
Category : Electronic
ISBN : 1290591105
Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
Author : James Wilson
Publisher : Unknown
Page : 206 pages
File Size : 51,8 Mb
Release : 1792
Category : Constitutions
ISBN : UOM:39015011934638
Author : Pennsylvania State Library
Publisher : Unknown
Page : 1474 pages
File Size : 47,6 Mb
Release : 1859
Category : Bibliography
ISBN : HARVARD:32044080250251
Author : James Kent
Publisher : Unknown
Page : 708 pages
File Size : 54,8 Mb
Release : 1851
Category : Law
ISBN : NYPL:33433008580742
Author : Jonathan Elliot
Publisher : Unknown
Page : 672 pages
File Size : 44,8 Mb
Release : 1845
Category : Constitutional law
ISBN : HARVARD:32044013332846
Author : Donald L. Drakeman
Publisher : Cambridge University Press
Page : 247 pages
File Size : 46,6 Mb
Release : 2021-04-08
Category : History
ISBN : 9781108485289
The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
Author : New York State Library
Publisher : Unknown
Page : 432 pages
File Size : 52,6 Mb
Release : 1856
Category : Law
ISBN : UCAL:$B45915