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St. George Tucker's View of the Constitution, published in 1803, was the first extended, systematic commentary on the United States Constitution after its ratification. Generations learned their Blackstone and their understanding of the Constitution through Tucker. Clyde N. Wilson is Professor of History and editor of The Papers of John C. Calhoun at the University of South Carolina. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Unquestionably the most radical treatise ever written on the American jury, examining Magna Carta and a host of other historical sources to sustain the claim that jurors should be chosen from the entire population and be judges of both fact and law . One of the earliest treatises on the subject. Spooner's powerful argument for reform of the jury system holds that jurors should be drawn by lot from the whole body of citizens, and that they should be judges of law as well as of the fact in question. Spooner [1808-1887] was well known for his controversial arguments on political and legal subjects. Spooner maintained that jurors should be drawn by lot from the whole body of citizens, and that they should be judges of law as well as of fact. Contents: The Right of Juries to Judge of the Justice of Laws The Trial by Jury, As Defined by Magna Carta 1. The History of Magna Carta. 2. The Language of Magna Carta Additional Proofs of the Rights and Duties of Juries 1. Weakness of the Regal Authority 2. The Ancient Common Law Juries Were Mere Courts of Conscience 3. The Oaths of Juror. 4. The Right of Jurors to Fix the Sentence 5. The Oaths of Judges 6. The Coronation Oath The Rights and Duties of Juries in Civil Suits Objections Answered Juries of the Present Day Illegal Illegal Judges The Free Administration of Justice The Criminal Intent Moral Considerations for Jurors Authority of Magna Carta Limitations Imposed Upon the Majority by the Trial by Jury Appendix Taxation
This two-volume set brings together a collection of writings and speeches by James Wilson, one of only six signers of both the Declaration of Independence and the United States Constitution. His works had a significant impact on the deliberations that produced the cornerstone documents of American democracy.
That Every Man Be Armed, the first scholarly book on the Second Amendment to the U.S. Constitution, has played a significant role in constitutional debate and litigation since it was first published in 1984. Halbrook traces the right to bear arms from ancient Greece and Rome to the English republicans, then to the American Revolution and Constitution, through the Reconstruction period extending the right to African Americans, and onward to today’s controversies. With reviews of recent literature and court decisions, this new edition ensures that Halbrook’s study remains the most comprehensive general work on the right to keep and bear arms.
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
A weekly review of politics, literature, theology, and art.
In 1913, Charles T. Sprading (1871-1959) wrote a book of remarkable prescience that anticipated the systematic development of an American libertarian tradition. He called it Liberty and the Great Libertarians. What he provided was a biography and intellectual analysis of some thirty great thinkers. Most valuable is his extraordinary job of editing. He chooses the best and most enlightening of their writings and brings them to life. The thinkers covered include Edmund Burke, Thomas Paine, Thomas Jefferson, William Godwin, Wilhelm von Humboldt, John Stuart Mill, Ralph Waldo Emerson, William Lloyd Garrison, Wendell Phillips, Josiah Warren, Max Stirner, Henry D. Thoreau, Herbert Spencer, Lysander Spooner, Henry George, Benjamin Tucker, Pierre Kropotkin, Abraham Lincoln, Auberon Herbert, G. Bernard Shaw, Oscar Wilde, Maria Montessori, and others. Now, not all of these people would be considered libertarians by the modern understanding. Some even called themselves socialists, as absurd as that may sound to us today. But they all exhibited in their writings a deep and abiding attachment to the idea of human liberty. They agree in the primacy of the individual. They agreed that the greatest threat to individual rights is the state. And they believed in fighting for these rights. They believed in the freedom of assembly, freedom of press, freedom of religion, freedom to think and act. They hated war and social control. They rejected every form of authoritarianism, and, in all these areas, they made huge contributions. As Sprading says in his introduction: The greatest violator of the principle of equal liberty is the State. Its functions are to control, to rule, to dictate, to regulate, and in exercising these functions it interferes with and injures individuals who have done no wrong. The objection to government is, not that it controls those who invade the liberty of others, but that it controls the non-invader. It may be necessary to govern one who will not govern himself, but that in no wise justifies governing one who is capable of and willing to govern himself. To argue that because some need restraint all must be restrained is neither consistent nor logical. Governments cannot accept liberty as their fundamental basis for justice, because governments rest upon authority and not upon liberty. To accept liberty as the fundamental basis is to discard authority; that is, to discard government itself; as this would mean the dethronement of the leaders of government, we can expect only those who have no economic compromises to make, to accept equal liberty as the basis of justice. The introduction alone is extraordinary, given the times. On war he writes: "How is war to be abolished? By going to war? Is bloodshed to be stopped by the shedding of blood? No; the way to stop war is to stop going to war; stop supporting it and it will fall, just as slavery did, just as the Inquisition did. The end of war is in sight; there will be no more world wars. The laboring-man, who has always done the fighting, is losing his patriotism; he is beginning to realize that he has no country or much of anything else to fight for, and is beginning to decline the honor of being killed for the glory and profits of the few. Those who profit by war, those who own the country, will not fight for it; that is, they are not patriotic if it is necessary for them to do the killing or to be killed in war. In all the wars of history there are very few instances of the rich meeting their death on the battlefield." This is a fat book, 542 pages, with a vast index. It remains the best chronicle of libertarian thought ever put together, which is why Murray Rothbard chose this book as one of his favorites. This edition is a reprint of the original 1913 volume.
Levy skillfully traces the development of trial by jury.