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Currently viewing the category: "Joseph Story"

Commentaries on the Constitution of the United States by Joseph Story

By Steve Straub On January 25, 2013 · 3 Comments · In Ebooks, Joseph Story

"Commentaries on the Constitution of the United States" by Joseph Story book coverGet a FREE copy of “Commentaries on the Constitution of the United States – Abridged Version” by Joseph Story

Joseph Story wrote some of the most important Supreme Court decisions during the early days of the country. This book explores, in detail, his views of the Constitution and it provides a fascinating view of how the Constitution was viewed in the early nineteenth century. Each section is very carefully laid out, and the entire book is constructed to explain the Constitution passage by passage. The logical order and a good index make this book essential for Constitutional scholars and provide ease of use for the casual historian.

From Judge Joseph Story’s introduction:

“From two great sources I have drawn by far the greatest part of my most valuable materials. These are. The Federalist, an incomparable commentary of three of the greatest statesmen of their age and the extraordinary judgments of Mr. Chief Justice Marshall upon constitutional law.

The reader must not expect to find in these pages any novel views, and novel constructions of the Constitution. I have not the ambition to be the author of any new plan of interpreting the theory of the Constitution, or of enlarging or narrowing its powers by ingenious subtleties and learned doubts. My object will be sufficiently attained, if I shall have succeeded in bringing before the reader the true view of its powers maintained by its founders and friends, and confirmed and illustrated by the actual practice of the government.

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Joseph Story, The right of citizens to keep and bear arms

By Steve Straub On January 20, 2013 · Leave a Comment · In Joseph Story

“The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.”

Joseph Story, Commentaries on the Constitution of the United States, Volume III Chapter XLIV: Amendments to the Constitution, p. 746, paragraph 1890

Joseph Story – Commentaries on the Constitution of the United States, 2d ed. (1851), vol. 2, chapter 45, p. 617.

By Steve Straub On September 8, 2012 · Leave a Comment · In Joseph Story

Joseph Story - Commentaries on the Constitution of the United States, 2d ed. (1851), vol. 2, chapter 45, p. 617. “Republics are created by the virtue, public spirit, and intelligence of the citizens. They fall, when the wise are banished from the public councils, because they dare to be honest, and the profligate are rewarded, because they flatter the people in order to betray them.”

- Joseph Story – Commentaries on the Constitution of the United States, 2d ed. (1851), vol. 2, chapter 45, p. 617.

Joseph Story Quote, Who can preserve the rights of the people when shall be abandoned by themselves?

By Steve Straub On September 7, 2012 · Leave a Comment · In Joseph Story

Joseph Story Quote

Joseph Story, Who can preserve the rights of the people when they have abandoned them themselves?

By Steve Straub On July 22, 2012 · Leave a Comment · In Joseph Story

Joseph Story,

Joseph Story, Lessons from History, Commentaries on the Constitution, 1833

By Steve Straub On June 8, 2011 · 18 Comments · In Joseph Story

Joseph Story, Commentaries on the ConstitutionRepublics are created by the virtue, public spirit, and intelligence of the citizens. They fall, when the wise are banished from the public councils, because they dare to be honest, and the profligate are rewarded, because they flatter the people, in order to betray them.

Joseph Story, Commentaries on the Constitution, Rules of Interpretation of the Constitution, 1833

By Steve Straub On April 7, 2011 · 26 Comments · In Joseph Story

Joseph Story, Commentaries on the ConstitutionTemporary delusions, prejudices, excitements, and objects have irresistible influence in mere questions of policy. And the policy of one age may ill suit the wishes or the policy of another. The constitution is not subject to such fluctuations. It is to have a fixed, uniform, permanent construction. It should be, so far at least as human infirmity will allow, not dependent upon the passions or parties of particular times, but the same yesterday, to-day, and forever.

Question

Should our interpretation of Constitution be “not dependent upon the passions or parties of particular times, but the same yesterday, today, and forever,” or is it a living document that should be interpreted based on the needs of society at the time? Why or why not?

Joseph Story, Commentaries on the Constitution, 1833

By Steve Straub On April 3, 2011 · 20 Comments · In Joseph Story

Joseph Story, Commentaries on the ConstitutionRepublics are created by the virtue, public spirit, and intelligence of the citizens. They fall, when the wise are banished from the public councils, because they dare to be honest, and the profligate are rewarded, because they flatter the people, in order to betray them.

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