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Author: Peter Charles Hoffer
Publisher: University Press of Kansas
ISBN: 070063200X
Category : Law
Languages : en
Pages : 292
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Book Description
Daniel Webster and the Unfinished Constitution reveals Webster as the foremost constitutional lawyer of his day. Peter Charles Hoffer builds a persuasive case that Webster was more than a skilled practitioner who rose rapidly from his hardscrabble New Hampshire origins. Hoffer thoroughly documents the ways in which Webster was an innovative jurist. While Chief Justice John Marshall gets credit for much of our early constitutional jurisprudence, in fact in a series of key cases Marshall simply borrowed Webster’s oral and written arguments. For Webster, Marshall, and many lawyers and jurists of their day, professions of adherence to the Constitution were universal. Yet they knew that the Constitution could not be fixed in time; its text needed to be read in light of the rapidly transforming early republic and antebellum eras or it would become irrelevant. As Chief Justice Marshall explained in Bank of the United States v. Deveaux (1809): “A constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles.” But were these “broad and general principles” themselves fixed? For Webster there were landmarks: the Contract Clause and the Commerce Clause. While others were exploring and surveying the Northwest Territory and the Louisiana Purchase, Webster set out to map the spaces in the constitutional and legal landscape that were unmarked. Peter Charles Hoffer provides an insightful and timely study of how Webster’s analysis of three key constitutional issues is relevant to today’s constitutional conflicts: the relationship between law and politics, between public policy and private rights, and between the federal government and the states, all of which remain contentious in our constitutional jurisprudence and crucial to our constitutional order.
Author: Peter Charles Hoffer
Publisher: University Press of Kansas
ISBN: 070063200X
Category : Law
Languages : en
Pages : 292
Get Book Here
Book Description
Daniel Webster and the Unfinished Constitution reveals Webster as the foremost constitutional lawyer of his day. Peter Charles Hoffer builds a persuasive case that Webster was more than a skilled practitioner who rose rapidly from his hardscrabble New Hampshire origins. Hoffer thoroughly documents the ways in which Webster was an innovative jurist. While Chief Justice John Marshall gets credit for much of our early constitutional jurisprudence, in fact in a series of key cases Marshall simply borrowed Webster’s oral and written arguments. For Webster, Marshall, and many lawyers and jurists of their day, professions of adherence to the Constitution were universal. Yet they knew that the Constitution could not be fixed in time; its text needed to be read in light of the rapidly transforming early republic and antebellum eras or it would become irrelevant. As Chief Justice Marshall explained in Bank of the United States v. Deveaux (1809): “A constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles.” But were these “broad and general principles” themselves fixed? For Webster there were landmarks: the Contract Clause and the Commerce Clause. While others were exploring and surveying the Northwest Territory and the Louisiana Purchase, Webster set out to map the spaces in the constitutional and legal landscape that were unmarked. Peter Charles Hoffer provides an insightful and timely study of how Webster’s analysis of three key constitutional issues is relevant to today’s constitutional conflicts: the relationship between law and politics, between public policy and private rights, and between the federal government and the states, all of which remain contentious in our constitutional jurisprudence and crucial to our constitutional order.
Author: Everett Pepperrell Wheeler
Publisher: Fred B. Rothman
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 218
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Book Description
Text contains a full statement of Webster's principal arguments upon Constitutional questions & of the decisions rendered upon them.
Author: Everett Pepperrell Wheeler
Publisher: Forgotten Books
ISBN: 9781528172738
Category : Political Science
Languages : en
Pages : 208
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Book Description
Excerpt from Daniel Webster: The Expounder of the Constitution Well might we say when we contemplate the magnitude of these labors - Who is sufficient for these things? No doubt now, as in the Apostles' time, there are many who pervert the word of God, of whose justice and equity courts of justice ought to be the visible embodiment. But also there are many who, like St. Paul, speak in godly sincerity, and fulfil with singleness of heart the true function of the lawyer, which is to aid the court in the dis charge of its exalted and responsible office. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Daniel Webster
Publisher:
ISBN:
Category :
Languages : en
Pages : 512
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Book Description
Author: Everett Pepperrell Wheeler
Publisher: Createspace Independent Publishing Platform
ISBN: 9781534956704
Category :
Languages : en
Pages : 202
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Book Description
Daniel Webster, the expounder of the Constitution by Everett Pepperrell Wheeler. This book is a reproduction of the original book published in 1905 and may have some imperfections such as marks or hand-written notes.
Author: Daniel Webster
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 660
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Book Description
Author: Daniel Webster
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 658
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Book Description
Author: S. GRAHAM
Publisher:
ISBN:
Category :
Languages : en
Pages : 22
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Book Description
Author: Daniel Webster
Publisher:
ISBN:
Category : Speeches, addresses, etc., American
Languages : en
Pages : 500
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Book Description
Author: Everett Pepperrell 1840-1925 Wheeler
Publisher: Wentworth Press
ISBN: 9781361696064
Category : History
Languages : en
Pages : 214
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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
