Commentaries On The Constitution Of The United States: With A Preliminary Review Of The Constitutional History Of The Colonies And States, Before The Adoption Of The Constitution : In Two Volumes

by Joseph Story, William Wetmore (Editor)

Reprint of the second edition, with additions by his son, W.W. Story [1819-1895]. First published in 1833, this work is generally considered to be the most important work written on the American Constitution before the Civil War. Dedicated to John Marshall, it presented a strongly Nationalist interpretation. It is divided into three books. Book I contains a history of the colonies and discussion of their charters. Book II discusses the Continental Congress and analyzes the flaws that crippled the Articles of Confederation. Book III begins with a history of the Constitution and its ratification. This is followed by a brilliant line-by-line exposition of each of its articles and amendments. Comparing it to The Federalist , James Kent said that Story's work was "written in the same free and liberal spirit, with equal exactness and soundness of doctrine, and with great beauty and eloquence of composition.... Whoever seeks...a complete history and exposition of this branch of our jurisprudence, will have recourse to [this] work, which is written with great candor, and characterized by extended research, and a careful examination of the vital principles upon which our government reposes.": cited in Marvin, Legal Bibliography 669-670.

Genres: Law, History, Nonfiction, Legal, American History, Politics

1416 pages, Hardcover

First published August 8, 2015

About the author

American lawyer who served on the Supreme Court of the United States from 1811 to 1845. He is most remembered for his opinions in Martin v. Hunter's Lessee and The Amistad case, and especially for his magisterial Commentaries on the Constitution of the United States.
Story opposed Jacksonian democracy, saying it was "oppression" of property rights by republican governments when popular majorities began (in the 1830s) to restrict and erode the property rights of the minority of rich men. Historians agree that Justice Joseph Story reshaped American law—as much or more than Marshall or anyone else—in a conservative direction that protected property rights.

Reviews

[Aaron Crofut · Rating 4 out of 5]

An excellent primer on the Federalist Party's viewpoint of the Constitution. It unintentionally obliterates the Originalist idea of interpreting the Constitution, though, unless we are to understand the 1st Amendment allows the government to promote Christianity (but no particular sect of it).

Clearly not a fan of slavery.

700 pages, and this is the abridged version meant for high school students! I don't think many high school or college students today would make it all the way through, but excerpts from this book could definitely prove useful in the classroom.

[Craig Bolton]

Commentaries on the Constitution of the United States by Joseph Story (1991)