Tuesday, September 23, 2008

How about that Abel Upsher!

I've taken this from the intorduction to A BRIEF ENQUIRY INTO THE TRUE NATURE AND CHARACTER OF OUR FEDERAL GOVERNMENT: BEING A REVIEW OF JUDGE STORY'S COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATES:
This review of Judge Story's Commentaries on the Constitution of the United States is perhaps the ablest analysis of the nature and character of the Federal Government that has ever been published. It has remained unanswered. Indeed, we are not aware that any attempt has been made to invalidate the soundness of its reasoning. As a law writer, Judge Story has been regarded as one of the ablest of his school, which was that of the straightest type of "Federalists" of the elder Adams's party. His commentaries are a good deal marred with the peculiar partisan doctrines of that school of politicians; indeed, they may be looked upon as a plea for the severe political principles which ruled the administration of President John Adams. The Alien and Sedition Laws, which have long since passed into a by-word of reproach, will still find abundant support in Judge Story's Commentaries. He perpetually insisted on construing the Constitution from the standpoint of that small and defeated party in the Federal Convention which wanted to form a government on the model of the English monarchy in everything but the name.

The interesting thing is that, for the first half century of our independence, the Federalist interpretation of the Constitution didn't have much sway. The Anti-Federalists lost the battle against the Constitution, but won the war over its interpretation.

I got that info from FEE's Sheldon Richman in one of his recent TGIF articles, and one he cited; either Richman's Was the Constitution Really Meant to Constrain the Government or The Constitution or Liberty, I forget which. Oh, it was the first article, last link. You'll know it when you see it.

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