Commentaries on the Constitution, 1790-1860Bauer, 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. |
Contents
| 17 | |
| 25 | |
| 35 | |
CHAPTER IV | 113 |
CHAPTER V | 168 |
Introductory Note | 212 |
CHAPTER VII | 253 |
Storys Commentaries on the Constitution | 309 |
Section II | 341 |
Section III | 356 |
| 375 | |
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Abridgment Adams Amer American Law appointed argument authority Blackstone Blackstone's Commentaries Boston Chancellor Chief Justice Chipman citing College colonies Columbia commentators common law compact compact theory Confederation Congress Consti constitutional law Convention Curtis Dane Declaration delegates doctrine Duer DuPonceau edition English ernment federal government Federalist George Ticknor Curtis George Tucker Harvard Law School Hist History Hoffman Ibid idea independent interpretation James Kent James Wilson Jefferson John Joseph Story Judge judicial jurisprudence Kent Papers Kent's later lawyers Lectures legislature Letters Madison Marshall Memoirs ment Nathan Dane Nathaniel Chipman nationalists opinion party Pennsylvania Philadelphia political principles Professor published Randolph ratified Rawle reference secession sovereign sovereignty stitution Story's Sumner Supreme Court Taylor theory tion Union United University Upshur views Virginia volume Washington William Alexander Duer William and Mary William Rawle wrote York