The A Brief Enquiry Into The True Nature And Character Of Our Federal Government Being A Review Of Judge Story S Commentaries On The Constitution Of

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. 1863 edition. Excerpt: ... case or not. He does not ask whether the federal court has interpreted the law correctly or not, but whether or not she ever consented that congress should pass the law. If congress had such power, he has no relief, for the decision of the highest federal court is final; if congress had not such power, then he is oppressed by the action of a usurped authority, and has a right to look to his own State for redress. His State may interpose in his favor or not, as she may think proper. If she does not, then there is an end of the matter; if she does, then it is no longer a judicial question. The question is then between new parties, who are not bound by the former decision; between a sovereign State and its own agent; between a State and the United States. As between these parties the federal tribunals have no jurisdiction, there is no longer a common umpire to whom the controversy can be referred. The State must of *necessity judge for itself, by virtue of that inherent, L J sovereign power and authority, which, as to this matter, it has never surrendered to any other tribunal. Its decision, whatever it may be, is binding upon itself and upon its own people, and no farther. A great variety of cases are possible, some of which are not unlikely to arise, involving the true construction of the Federal Constitution, but which could not possibly be presented to the courts, in a form proper for their decision. The following are examples. By the 4th section of the 4th article it is provided that "Congress shall guaranty to every State in the Union a republican form of government." What is a republican form of government, and how shall the question be decided? In its very nature, it is a political, and not a judicial question, and it is not easy to...

This Is A New Release Of The Original 1863 Edition. Being A Review Of Judge Storys Commentaries On The Constitution Of The United States.

"The Best Available Introduction to English Legal History" In this work Professor Colby has gathered, annotated and arranged into a sequential history of English law numerous essays by Frederic William Maitland and Francis C. Montague. Each chapter includes a list of recommended readings. These articles supplied what long had been needed for general readers and for law students-a brief but comprehensive, accurate but untechnical account of the origin and growth of English law. ... this series of articles now forms the best available introduction to English legal history. James F. Colby, iii Widely considered the father of legal history, Frederic William Maitland [1850-1906] was an English jurist and historian best known for the standard The History of English Law Before the Time of Edward I, 2 vol. (1895), written with Sir Frederick Pollock. He was educated at Eton and Cambridge and studied at Lincoln's Inn, London. Maitland was called to the bar in 1876, then practiced until 1884 when he became a reader in English law (1884) and professor (1888) at Cambridge. He founded the Selden Society in 1887. Hailed for his original outlook on history, his works profoundly influenced legal scholarship. An extraordinarily productive career was shortened by his death from tuberculosis at age 45. Francis C. Montague [1858-1935] was a Professor of History at University College, London and Lecturer in Modern History, Oriel College, Oxford. He was also the author of The History of England from the Accession of James I. to the Restoration (1907) and The Elements of English Constitutional History from the Earliest Times to the Present Day (1910). James F. Colby [1850-1939] taught international law at Yale Law School from 1883 until 1885. He later taught history and political economics at Dartmouth College, and was Parker Professor of Law and Political Science at Dartmouth College from 1885-1916 and lectured in jurisprudence and international law at Boston University Law School from 1905-1922. CONTENTS CH. I Early English Law, 600 A.D.-1066 CH. II English Law Under Norman Rule and the Legal Reforms of Henry II., 1066-1216 CH. III Growth of Law from Henry II. to Edward I., 1154-1272 CH. IV Legal reform under Edward I. and the System of Writs, 1272-1307 CH. V Growth of Statute and Common Law and Rise of the Court of Chancery, 1307-1600 CH. VI Completion of the Common Law and Statutory Reforms after the Restoration, 1600-1688 CH. VII The Supremacy of Parliament and Rapid Growth of Statute Law, 1688-1800 CH. VIII Growth of Statute Law and Legal Reforms in the Nineteenth Century APPENDICES INDEX

James, Eldon Revare. A List of Legal Treatises Printed in the British Colonies and the American States Before 1801. Cambridge, Mass.: Harvard University Press, 1934. 52 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-143-7. Cloth. $50. * A bibliography of items published in the British colonies and the United States between 1687-1800, organized by date with complete title page transcriptions. During these years most law books were printed for the benefit of the officer or layman who was called upon to act in a legal capacity. Therefore legal manuals, formbooks, pocket-books, young clerk's vade mecums, justice of the peace manuals, the Conductor Generalis and the like provided the legal sources of the time. This bibliography contains occasional annotations regarding the various printings. Originally published in Harvard Legal Essays.

Most leaders of the U.S. expansion in the years before the Civil War were southern slaveholders. As Matthew Karp shows, they were nationalists, not separatists. When Lincoln’s election broke their grip on foreign policy, these elites formed their own Confederacy not merely to preserve their property but to shape the future of the Atlantic world.

The Dictionary of Early American Philosophers, which contains over 400 entries by nearly 300 authors, provides an account of philosophical thought in the United States and Canada between 1600 and 1860. The label of "philosopher" has been broadly applied in this Dictionary to intellectuals who have made philosophical contributions regardless of academic career or professional title. Most figures were not academic philosophers, as few such positions existed then, but they did work on philosophical issues and explored philosophical questions involved in such fields as pedagogy, rhetoric, the arts, history, politics, economics, sociology, psychology, medicine, anthropology, religion, metaphysics, and the natural sciences. Each entry begins with biographical and career information, and continues with a discussion of the subject's writings, teaching, and thought. A cross-referencing system refers the reader to other entries. The concluding bibliography lists significant publications by the subject, posthumous editions and collected works, and further reading about the subject.