Commentaries on the Constitution of the United States, Vol. 1 of 3
Commentaries on the Constitution of the United States, Vol. 1 of 3

Author: Joseph Story

Publisher:

Published: 2015-06-29

Total Pages: 536

ISBN-13: 9781330484937

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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.

The American Constitutional Tradition
The American Constitutional Tradition

Author: H. Lowell Brown

Publisher: Rowman & Littlefield

Published: 2017-05-24

Total Pages: 253

ISBN-13: 1683930487

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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.

Perpetual Scriptures in Nineteenth-Century America
Perpetual Scriptures in Nineteenth-Century America

Author: Jeff Smith

Publisher: Bloomsbury Publishing USA

Published: 2023-08-10

Total Pages: 305

ISBN-13: 1501398962

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In the tumultuous decades of rapid expansion and change between the American Founding and the Civil War, Americans confronted a cluster of overlapping crises whose common theme was the difficulty of finding authority in written texts. The issue arose from several disruptive developments: rising challenges to the traditional authority of the Bible in a society that was intensely Protestant; persistent worries over America's lack of a “national literature” and an independent cultural identity; and the slavery crisis, which provoked tremendous struggles over clashing interpretations of the Declaration of Independence and the Constitution, even as these “parascriptures” were rising to the status of a kind of quasi-sacred secular canon. At the same time but from the opposite direction, new mass media were creating a new, industrial-scale print culture that put a premium on very non-sacred, disposable text: mass-produced “news,” dispensed immediately and in huge quantities but meant only for the day or hour. Perpetual Scriptures in Nineteenth-Century America identifies key features of the writings, careers and cultural politics of several prominent Americans as responses to this cluster of challenges. In their varied attempts to vindicate the sacred and to merge the timeless with the urgent present, Joseph Smith, Ralph Waldo Emerson, Margaret Fuller, Theodore Parker, Harriet Beecher Stowe, Walt Whitman, Frederick Douglass, Martin Delany, Abraham Lincoln, and other religious and political leaders and men and women of letters helped define American literary culture as an ongoing quest for new “bibles,” or what Emerson called a “perpetual scripture.”

Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023 [2 volumes]
Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023 [2 volumes]

Author: John R. Vile

Publisher: Bloomsbury Publishing USA

Published: 2023-10-19

Total Pages: 675

ISBN-13:

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Written by a leading scholar of the constitutional amending process, this two-volume encyclopedia, now in its fifth edition, is an indispensable resource for students, legal historians, and high school and college librarians. This authoritative reference resource provides a history and analysis of all 27 ratified amendments to the Constitution, as well as insights and information on thousands of other amendments that have been proposed but never ratified from America's birth until the present day. The set also includes a rich bibliography of informative books, articles, and other media related to constitutional amendments and the amending process.