Blackstone's Commentaries: With Notes of Reference to the Constitution and Laws, of the Federal Government of the United States, and of the Commonwealth of Virginia : with an Appendix to Each Volume, Containing Short Tracts Upon Such Subjects as Appeared Necessary to Form a Connected View of the Laws of Virginia as a Member of the Federal Union, Volumen1The Lawbook Exchange, Ltd., 2000 - 2685 páginas Tucker, St. George. Blackstone's Commentaries. With Notes of Reference to the Constitution and Laws, of the Federal Government of the United States, and of the Commonwealth of Virginia. In Five Volumes, with an Appendix to Each volume, Containing Short Tracts upon Such Subjects As Appeared Necessary to Form a Connected View of the Laws of Virginia As a Member of the Federal Union. Philadelphia: William Young Birch and Abraham Small, 1803. Five volumes. Reprinted 1996 by The Lawbook Exchange, Ltd. With a New Critical Introduction by Paul Finkelman and David Cobin. LCCN 96-12566. ISBN 1-886363-15-3. Cloth. $450. * The first extended treatment of the subject, Tucker's Blackstone is a key resource for understanding how Americans viewed English common law in the years following the adoption of the Constitution and the Bill of Rights. Based on his lectures at the College of William and Mary, Tucker interprets Blackstone's often antidemocratic viewpoint in the American context. A strong proponent of the First Amendment, he elaborates a theory of freedom of speech and press that is more expansive than in the English tradition. "Tucker's Blackstone became a standard reference work for many American lawyers unable to consult a law library, especially those on the frontier. It is impossible to measure its impact on American law, but it is clear that sales were strongest in Virginia, as could be expected; it was also widely used in Pennsylvania and South Carolina." Bryson, The Virginia Law Reporter Before 1800 102. Tucker's Blackstone has been cited in numerous cases by the U.S. Supreme Court in an attempt to discern the original intent of the Constitution. Eller, The William Blackstone Collection in the Yale Law Library 87. Sabin, A Dictionary of Books relating to America 5696. Cohen, Bibliography of Early American Law 5318. A monumental work of continuing relevance, this reprint edition is prefaced by a new critical introduction by Professors Paul Finkelman and David Cobin. |
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Página 45
... among them accord- ing to the rule for apportioning Representatives , and distributed as the Executive or Legislature of the States shall deem most conducive on the promulgators to do it in the most public 45 INTROD . OF THE NATURE OF.
... among them accord- ing to the rule for apportioning Representatives , and distributed as the Executive or Legislature of the States shall deem most conducive on the promulgators to do it in the most public 45 INTROD . OF THE NATURE OF.
Página 125
... representatives to congress , which before the census were limited to ten ( h ) , only , including Kentucky . ' The second for the appointment of electors to choose a president of the United States , whose number by the constitution is ...
... representatives to congress , which before the census were limited to ten ( h ) , only , including Kentucky . ' The second for the appointment of electors to choose a president of the United States , whose number by the constitution is ...
Página 23
... representatives , among them . The whole tribe assembled together in their public councils : their most aged men were the depositaries of what may be gathered from experience , observation , and a knowledge of their former transactions ...
... representatives , among them . The whole tribe assembled together in their public councils : their most aged men were the depositaries of what may be gathered from experience , observation , and a knowledge of their former transactions ...
Página 26
... representatives represent ? If they represent themselves , only , then I grant the government is not a representative democracy , but an elective oligarchy , or if you please , a democratic aristocra- cy : in which the people have ...
... representatives represent ? If they represent themselves , only , then I grant the government is not a representative democracy , but an elective oligarchy , or if you please , a democratic aristocra- cy : in which the people have ...
Página 36
... representatives and agents , being the fundamental princi- ples of a representative democracy , however organized , or in other words , however the several powers of government may be distributed , or by whomsoever they may be exercised ...
... representatives and agents , being the fundamental princi- ples of a representative democracy , however organized , or in other words , however the several powers of government may be distributed , or by whomsoever they may be exercised ...
Contenido
Plate II Foldout Face pg 240 | 212 |
Plate III Foldout Face Blank Page in the Appendix xviii | 18 |
Plate IV Foldout Immediately Follows Plate III | 18 |
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Blackstone's Commentaries: With Notes of Reference to the ..., Volumen1 St. George Tucker,William Blackstone Vista de fragmentos - 2000 |
Términos y frases comunes
according act of parliament amendments antient appointed articles of confederation assembly authority bill body branch C. U. S. Art C. V. Art citizens civil colonies common law commonwealth Cong congress consent constitution Constitution of Virginia council court crown customs declared delegates district duty election established executive exercise federal government Federalist foreign former George Tucker granted hath Henry Henry VIII hereditary house of lords Ibid independent Inst judges judicial jurisdiction justice king king's kingdom land laws of England legislative legislature liberty lord magistrate manner ment nation nature necessary oath offence parliament peace person prerogative president prince principles privileges prorogation punishment queen reason reign repealed representative democracy representatives respectively revenue royal rule senate sheriff sir Edward Coke sovereign Stat statute supreme thereof tion treaty Tucker union United vested Virginia vote writ
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Página 41 - Commentaries remarks that this law of nature, being coeval with mankind and dictated by God himself, is, of course, superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid derive all their force, and all their validity, and all their authority, mediately and immediately, from this original...
Página 130 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature declared in its statutes, stands in opposition to that of the people declared in the constitution, the judges ought to be governed by the latter, rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Página 281 - The governor and judges, or a majority of them, shall adopt and publish in the district, such laws of the original states, criminal and civil, as may be necessary, and best suited to the circumstances of the district...
Página 129 - A constitution is in fact, and must be, regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention...
Página 162 - That elections of members to serve as representatives of the people, in assembly, ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage, and cannot be taxed or deprived of their property for public uses without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good.
Página 165 - ... delegate ; and the delegates of a state or any of them, at his or their request, shall be furnished with a transcript of the said journal, except such...
Página 167 - In all cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make.
Página 69 - No state without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any King prince or state...
Página 128 - The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like.
Página 315 - ... limited by the plain sense and intention of the instrument constituting that compact, as no further valid than they are authorized by the grants enumerated in that compact ; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states, who are parties thereto, have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining, within their respective limits, the authorities, rights,...