Endnotes Vol. 2, The Kiss of Judice (Completed)

Note: Please ignore the superscripts “1” immediately after the endnote numbering. Also with the later endnotes, the reader will see that the background is in red and the hyperlinks don’t appear unless one places the cursor over the spot where the hyperlink would appear. Sorry. We will see if that can be corrected.

1. 1 14 US 304 (1816) http://laws.findlaw.com/us/14/304.html
2. 1 “When a suit is brought and determined in a court which has no jurisdiction, then it is said to be coram non judice, and the judgment is void.” BLACK’S LAW DICTIONARY, 5th Ed. at 305.
3. 1 FEDERALIST № 73 @ http://www.constitution.org/fed/federa73.htm
4. 1 FEDERALIST № 81 @ http://www.constitution.org/fed/federa81.htm
5. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
6. 1 Letter to Charles Hammond, August 18, 1821. THE WRITINGS OF THOMAS JEFFERSON, ed. Andrew A. Lipscomb, vol. 15, pp. 331–32 (1903)
7. 1 Ford 10:192. (1821) THE REAL THOMAS JEFFERSON, p. 639
8. 1 FEDERALIST № 81 @ http://www.constitution.org/fed/federa81.htm
9. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_1s1.html
10. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_1s1.html
11. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_1s1.html
12. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_1s1.html
13. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s3.html
14. 1 FEDERALIST № 22 @ http://www.constitution.org/fed/federa78.htm
15. 1 FEDERALIST № 22 @ http://www.constitution.org/fed/federa22.htm
16. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
17. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
18. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
19. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
20. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
21. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
22. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
23. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
24. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
25. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
26. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
27. 1 FAMILIAR EXPOSITION §309 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
28. 1 FAMILIAR EXPOSITION §309 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
29. 1 “[A] bare assertion resting on the authority of an individual.” BLACK’S LAW DICTIONARY, 5th Ed. at 743.
30. 1 FAMILIAR EXPOSITION §309 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
31. 1 This part of the federal jurisdiction was, as we have said above, amended by the 11th Amendment.
32. 1 FAMILIAR EXPOSITION §309 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
33. 1 ST. COMMENTARIES §1568 from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_1s38.html. For more on separation of judicial power, see §10.
34. 1 ST. COMMENTARIES §1568 from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_1s38.html.
35. 1 ST. COMMENTARIES §1569 from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_1s38.html
36. 1 ST. COMMENTARIES §1569 from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_1s38.html
37. 1 ST. COMMENTARIES §1569 from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_1s38.html
38. 1 410 U.S. 113 (1973) @ http://laws.findlaw.com/us/410/113.html
39. 1 ST. COMMENTARIES §1569 from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_1s38.html
40. 1 ST. COMMENTARIES §1570 from http://www.constitution.org/js/js_338.htm
41. 1 ST. COMMENTARIES §1570 from http://www.constitution.org/js/js_338.htm
42. 1 ST. COMMENTARIES §1570 from http://www.constitution.org/js/js_338.htm
43. 1 ST. COMMENTARIES §1570 from http://www.constitution.org/js/js_338.htm
44. 1 ST. COMMENTARIES §1571 from http://www.constitution.org/js/js_338.htm
45. 1 “The absurdity doctrine, also known as the “Scrivner’s Error” exception, is a legal theory under which American courts have interpreted statutes contrary to their plain meaning in order to avoid absurd legal conclusions. * * *
The common sense of man approves the judgment mentioned by Puffendorf, that the Bolognian law which enacted ‘that whoever drew blood in the streets should be punished with the utmost severity’, did not extend to the surgeon who opened the vein of a person that fell down in the street in a fit. The same common sense accepts the ruling, cited by Plowden, that the statute of 1st Edward II, which enacts that a prisoner who breaks prison shall be guilty of a felony, does not extend to a prisoner who breaks out when the prison is on fire—‘for he is not to be hanged because he would not stay to be burnt’.” See http://en.wikipedia.org/wiki/Absurdity_doctrine#cite_note-15
46. 1 ST. COMMENTARIES §1571 from http://www.constitution.org/js/js_338.htm
47. 1 ST. COMMENTARIES §1574 from http://www.constitution.org/js/js_338.htm
48. 1 ST. COMMENTARIES §1575 from http://www.constitution.org/js/js_338.htm
49. 1 ST. COMMENTARIES §1576 from http://www.constitution.org/js/js_338.htm
50. 1 ST. COMMENTARIES §1577 from http://www.constitution.org/js/js_338.htm
51. 1 ST. COMMENTARIES §1578 from http://www.constitution.org/js/js_338.htm
52. 1 ST. COMMENTARIES §1583 from http://www.constitution.org/js/js_338.htm
53. 1 ST. COMMENTARIES §1583 from http://www.constitution.org/js/js_338.htm
54. 1 ST. COMMENTARIES §1583 from http://www.constitution.org/js/js_338.htm
55. 1 ST. COMMENTARIES §1583 from http://www.constitution.org/js/js_338.htm
56. 1 ST. COMMENTARIES §1584 from http://www.constitution.org/js/js_338.htm
57. 1 “COMMON LAW. 1. As distinguished from the Roman law, the modern civil law, the canon law, and other systems, the common law is that body of law and juristic theory which was originated, developed, and formulated and is administered in England, and has obtained among most of the states and peoples of Anglo-Saxon stock. * * *
2. As distinguished from law created by the enactment of legislatures, the common law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the Judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs; and, in this sense, particularly the ancient unwritten law of England. * * *
3. As distinguished from equity law, it is a body of rules and principles, written or unwritten, which are of fixed and immutable authority, and which must be applied to
controversies rigorously and in their entirety, and cannot be modified to suit the peculiarities of a specific case, or colored by any judicial discretion, and which rests confessedly upon custom or statute, as distinguished from any claim to ethical superiority. * * *
4. As distinguished from ecclesiastical law, it is the system of Jurisprudence administered by the purely secular tribunals.
5. As concerns its force and authority in the United States, the phrase designates that portion of the common law of England (including such acts of parliament as were applicable) which had been adopted and was in force here at the time of the Revolution. This, so far as it has not since been expressly abrogated, is recognized as an organic part of the Jurisprudence of most of the United States. * * *
6. In a wider sense than any of the foregoing, the “common law” may designate all that part of the positive law, Juristic theory, and ancient custom of any state or nation which is of general and universal application, thus marking off special or local rules or customs.
As a compound adjective “common-law” is understood as contrasted with or opposed to “statutory,” and sometimes also to “equitable” or to “criminal.” See examples below.
—Common-law action. A civil suit, as distinguished from a criminal prosecution or a proceeding to enforce a penalty or a police regulation; not necessarily an action which would be at common law. * * *
—Common-law crime. One punishable by the force of the common law, as distinguished from crimes created by statute.
— Common-law jurisdiction. Jurisdiction of a court to try and decide such cases as were cognizable by the courts of law under the English common law; the jurisdiction of those courts which exercise their judicial powers according to the course of the common law.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ (BLACK’S LAW DICTIONARY, 2nd Ed.)
58. 1 “EQUITY. The meaning of the word ‘equity,’ as used in its technical sense in English jurisprudence, comes back to this: that it is simply a term descriptive of a certain field of jurisdiction exercised, in the English system, by certain courts, and of which the extent and boundaries are not marked by lines founded upon principle so much as by the features of the original constitution of the English scheme of remedial law, and the accidents of its development.”
A system of jurisprudence collateral to, and in some respects independent of, “law,” properly so called; the object of which is to render the administration of justice more complete, by affording relief where the courts of law are incompetent to give it, or to give it with effect, or by exercising certain branches of jurisdiction independently of them. This is equity in its proper modern sense; an elaborate system of rules and process, administered in many cases by distinct tribunals, (termed “courts of chancery,”) and with exclusive jurisdiction over certain subjects. It is “still distinguished by its original and animating principle that no right should be without an adequate remedy,” and its doctrines are founded upon the same basis of natural justice; but its action has become systematized, deprived of any loose and arbitrary character which might once have belonged to it, and as carefully regulated by fixed rules and precedents as the law itself. * * *
Equity, in its technical and scientific legal use, means neither natural justice nor even all that portion of natural justice which is susceptible of being judicially enforced. It has a precise, limited, and definite signification, and is used to denote a system of justice which was administered in a particular court,—the English high court of chancery,—which system can only be understood and explained by studying the history of that court, and how it came to exercise what is known as its extraordinary jurisdiction.
That part of the law which, having power to enforce discovery, (1) administers trusts, mortgages, and other fiduciary obligations; (2) administers and adjusts common-law rights where the courts of common law have no machinery; (3) supplies a specific and preventive remedy for common-law wrongs where courts of common law only give subsequent damages. * * *
—Equity, courts of. Courts which administer justice according to the system of equity, and according to a peculiar course of procedure or practice. Frequently termed “courts of chancery.” * * *
—Equity jurisdiction. This term includes not only the ordinary meaning of the word “jurisdiction,” the power residing in a court to hear and determine an action, but also a consideration of the cases and occasions when that power is to be exercised, in other words, the question whether the action will lie in equity. * * *
—Equity jurisprudence. That portion of remedial justice which is exclusively administered by courts of equity, as distinguished from courts of common law.
—Equity of a statute. By this phrase is intended the rule of statutory construction which admits within the operation of a statute a class of cases which are neither expressly named nor excluded, but which, from their analogy to the cases that are named, are clearly and justly within the spirit and general meaning of the law; such cases are said to be “within the equity of the statute”.
—Equity term. An equity term of court is one devoted exclusively to equity business, that is, in which no criminal cases are tried nor any cases requiring the impaneling of a jury. * * *
—Natural equity. A term sometimes employed in works on jurisprudence, possessing no very precise meaning, but used as equivalent to justice, honesty, or morality in business relations, or man’s innate sense of right dealing and fair play. Inasmuch as equity, as now administered, is a complex system of rules, doctrines, and precedents, and possesses, within the range of its own fixed principles, but little more elasticity than the law, the term “natural equity” may be understood to denote, in a general way, that which strikes the ordinary conscience and sense of justice as being fair, right, and equitable, in advance of the question whether the technical jurisprudence of the chancery courts would so regard it.
5. Equity also signifies an equitable right, i.e., a right enforceable in a court of equity; hence, a bill of complaint which did not show that the plaintiff had a right entitling him to relief was said to be demurrable for want of equity; and certain rights now recognized in all the courts are still known as “equities,” from having been originally recognized only in the court of chancery.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ (BLACK’S LAW DICTIONARY, 2nd Ed.)
59. 1 “ADMIRALTY. A court exercising jurisdiction over maritime causes, both civil and criminal, and marine affairs, commerce and navigation,
controversies arising out of acts done upon or relating to the sea, and over questions of prize.
Also, the system of Jurisprudence relating to and growing out of the Jurisdiction and practice of the admiralty courts.
In English law. The executive department of state which presides over the naval forces’ of the kingdom. The normal head is the lord high admiral, but in practice the functions of the great office are discharged by several commissioners, of whom one is the chief, and is called the ‘First Lord.’ He is assisted by other lords and by various secretaries. Also the court of the admiral.
The building where the lords of the admiralty transact business.
In American law. A tribunal exercising jurisdiction over all maritime contracts, torts, injuries, or offenses.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ (BLACK’S LAW DICTIONARY, 2nd Ed.)
60. 1 “PRIZE. In admiralty law. A vessel or cargo, belonging to one of two belligerent powers, apprehended or forcibly captured at sea by a war-vessel or privateer of the other belligerent, and claimed as enemy’s property, and therefore liable to appropriation and condemnation under the laws of war.
Captured property regularly condemned by the sentence of a competent prize court. * * *
In contracts. Anything offered as a reward of contest; a reward offered to the person who, among several persons or among the public at large, shall first (or best) perform a certain undertaking or accomplish certain conditions.
—Prize courts. Courts having jurisdiction to adjudicate upon captures made at a time of war, and to condemn the captures property as prize if lawfully subject to that sentence. In England, the admiralty courts have jurisdiction as prize courts, distinct from the jurisdiction on the instance side. In America, the federal district courts have jurisdiction in cases of prize.
—Prize goods. Goods which are taken on the high seas, jure belli, out of the hands of the enemy. * * *
—Prise law. The system of laws and rules applicable to the capture of prize at sea; its condemnation, rights of the captors, distribution of the proceeds, etc.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ (BLACK’S LAW DICTIONARY, 2nd Ed.)
61. 1 ST. COMMENTARIES §1591 from http://www.constitution.org/js/js_338.htm
62. 1 ST. COMMENTARIES §1591 from http://www.constitution.org/js/js_338.htm
63. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/v1ch10s6.html
64. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/v1ch10s6.html
65. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/v1ch10s6.html
66. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
67. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
68. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
69. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
70. 1 ST. COMMENTARIES §1593 from http://www.constitution.org/js/js_338.htm
71. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
72. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
73. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
74. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
75. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
76. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
77. 1 FEDERALIST № 62 @ http://www.constitution.org/fed/federa62.htm
78. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
79. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
80. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
81. 1 ST. COMMENTARIES §1601 from http://www.constitution.org/js/js_338.htm
82. 1 ST. COMMENTARIES §1601 from http://www.constitution.org/js/js_338.htm
83. 1 “During the pleasure of the grantor”. Black’s Law Dictionary, 2nd Ed. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
84. 1 “As long as he shall have behaved well.” http://en.wikipedia.org/wiki/List_of_Latin_phrases_(Q)
85. 1 ST. COMMENTARIES §1602 from http://www.constitution.org/js/js_338.htm
86. 1 ST. COMMENTARIES §1602 from http://www.constitution.org/js/js_338.htm
87. 1 ST. COMMENTARIES §1602 from http://www.constitution.org/js/js_338.htm
88. 1 ST. COMMENTARIES §1603 from http://www.constitution.org/js/js_338.htm
89. 1 ST. COMMENTARIES §1604 from http://www.constitution.org/js/js_338.htm
90. 1 ST. COMMENTARIES §1605 from http://www.constitution.org/js/js_338.htm
91. 1 ST. COMMENTARIES §1605 from http://www.constitution.org/js/js_338.htm
92. 1 ST. COMMENTARIES §1606 from http://www.constitution.org/js/js_338.htm
93. 1 ST. COMMENTARIES §1606 from http://www.constitution.org/js/js_338.htm
94. 1 ST. COMMENTARIES §1607 from http://www.constitution.org/js/js_338.htm
95. 1 ST. COMMENTARIES §1607 from http://www.constitution.org/js/js_338.htm
96. 1 ST. COMMENTARIES §1608 from http://www.constitution.org/js/js_338.htm
97. 1 ST. COMMENTARIES §1608 from http://www.constitution.org/js/js_338.htm
98. 1 ST. COMMENTARIES §1608 from http://www.constitution.org/js/js_338.htm
99. 1 Alas, too true. A later volume recounts a real life example of Story’s admonition.
100. 1 ST. COMMENTARIES §1608 from http://www.constitution.org/js/js_338.htm
101. 1 ST. COMMENTARIES §1609 from http://www.constitution.org/js/js_338.htm
102. 1 “Fisher Ames: One of Our Forgotten Founding Fathers”, by David L. Brown, Ph.D. @ http://logosresourcepages.org/IronPen/ames.htm.
103. 1 ST. COMMENTARIES §1610 from http://www.constitution.org/js/js_338.htm
104. 1 [ST. COMMENTARIES §1610 from http://www.constitution.org/js/js_338.htm
105. 1 ST. COMMENTARIES §1610 from http://www.constitution.org/js/js_338.htm
106. 1 ST. COMMENTARIES §1611 from http://www.constitution.org/js/js_338.htm
107. 1 The subject here, executive control of judicial officers, will be treated in another volume with a real life example of how a governor tried to control a tax court judge, by threatening him with removal should he rule against the state in a $150 million tax refund case.
108. 1 ST. COMMENTARIES §1612 from http://www.constitution.org/js/js_338.htm
109. 1 ST. COMMENTARIES §1613 from http://www.constitution.org/js/js_338.htm
110. 1 ST. COMMENTARIES §1614 from http://www.constitution.org/js/js_338.htm
111. 1 ST. COMMENTARIES §1615 from http://www.constitution.org/js/js_338.htm
112. 1 ST. COMMENTARIES §1615 from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_1s38.html
113. 1 ST. COMMENTARIES §1615 from http://www.constitution.org/js/js_338.htm
114. 1 FORD 10:205 (1822); THE REAL THOMAS JEFFERSON, p. 450
115. 1 REFLECTIONS ON THE REVOLUTION IN FRANCE @ http://tinyurl.com/5wzhukt
116. 1 ST. COMMENTARIES §1616 from http://www.constitution.org/js/js_338.htm
117. 1 ST. COMMENTARIES §1617 from http://www.constitution.org/js/js_338.htm
118. 1 ST. COMMENTARIES §1617 from http://www.constitution.org/js/js_338.htm
119. 1 ST. COMMENTARIES §1618 from http://www.constitution.org/js/js_338.htm
120. 1 ST. COMMENTARIES §1619 from http://www.constitution.org/js/js_338.htm
121. 1 ST. COMMENTARIES §1620 from http://www.constitution.org/js/js_338.htm
122. 1 “For this turn; for this one particular occasion.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
123. 1 ST. COMMENTARIES §1621 from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_1s38.html
124. 1 “By virtue of his office; by the authority vested in him as the incumbent of the particular office.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
125. 1 Courts in England composed of two or more commissioners called judges of assize or of assize and nisi prius who are twice in every year sent by the king’s special commission on circuits all round the kingdom to try by a Jury of the respective counties the truth of such matters of fact as are there under dispute in the courts of Westminster Hall. 3 Bl. Comm. 57. http://tinyurl.com/6wufpyj
126. 1 ST. COMMENTARIES §1621 from http://www.constitution.org/js/js_338.htm
127. 1 ST. COMMENTARIES §1627 from http://www.constitution.org/js/js_338.htm
128. 1 Article 3, §1
129. 1 ST. COMMENTARIES §1622 from http://www.constitution.org/js/js_338.htm
130. 1 ST. COMMENTARIES §1623 from http://www.constitution.org/js/js_338.htm
131. 1 ST. COMMENTARIES §1624 from http://www.constitution.org/js/js_338.htm
132. 1 ST. COMMENTARIES §1624 from http://www.constitution.org/js/js_338.htm
133. 1 ST. COMMENTARIES §1624 from http://www.constitution.org/js/js_338.htm
134. 1 ST. COMMENTARIES §1624 from http://www.constitution.org/js/js_338.htm
135. 1 FEDERALIST № 79 @ http://www.constitution.org/fed/federa79.htm
136. 1 ST. COMMENTARIES §1629 from http://www.constitution.org/js/js_338.htm
137. 1 ART. 1, §2
138. 1 ART. 1, §3
139. 1 ST. COMMENTARIES §1616 from http://www.constitution.org/js/js_338.htm
140. 1 Scott Douglas Gerber, SERIATIM: THE SUPREME COURT BEFORE JOHN MARSHALL @ http://tinyurl.com/3j7394a
141. 1 ST. COMMENTARIES §1612, fn. 1. @ http://www.constitution.org/js/js_338.htm See 1 Jefferson’s Corresp. 65, 66; 4 Jefferson’s Corresp. 74, 75, 287, 288, 289, 317, 337, 352. His earlier opinions were of a different character. See Jefferson’s NOTES ON VIRGINIA, 195; FEDERALIST № 48.
142. 1 Autobiography. Bergh 1:121. (1821); THE REAL THOMAS JEFFERSON, pp. 496-97.
143. 1 Bergh 15:449. (1823); THE REAL THOMAS JEFFERSON, p. 497
144. 1 To Judge Spencer Roane. Bergh 15:212. (1819); THE REAL THOMAS JEFFERSON, p. 500
145. 1 Ford 10:189. (1821); THE REAL THOMAS JEFFERSON, p. 500
146. 1 Bergh 15:331. (1821); THE REAL THOMAS JEFFERSON, pp. 500-01
147. 1 Bergh 15:341. (1821); THE REAL THOMAS JEFFERSON, p. 501
148. 1 Bergh 15:388. (1822); THE REAL THOMAS JEFFERSON, p. 501
149. 1 Bergh 15:297. (1820); THE REAL THOMAS JEFFERSON, p. 501
150. 1 FEDERALIST № 78 @ http://www.constitution.org/fed/federa78.htm
151. 1 Bergh 15:486. (1823); THE REAL THOMAS JEFFERSON, p. 501
152. 1 To Edward Livingston. Bergh 16:113. (1825); THE REAL THOMAS JEFFERSON, p. 502
153. 1 To Judge Spencer Roane. Bergh 15:212. (1819); THE REAL THOMAS JEFFERSON, p .498
154. 1 ST. COMMENTARIES §1613 from http://www.constitution.org/js/js_338.htm, fn. 2 Chase’s Trial, 18, 19, 20. 1 Dr. Lieber’s Encyclopedia Americana, Art. Constitutions of the United Stales.
155. 1 ST. COMMENTARIES §1614 from http://www.constitution.org/js/js_338.htm fn. citing 1 Kent’s Comm. Lect 14, p. 293, 294.
156. 1 1 Tuck. Black. Comm. App. 354, 356 to 360. ST. COMMENTARIES §1614, fn. @ http://www.constitution.org/js/js_338.htm
157. 1 Bergh 15:331. (1821); THE REAL THOMAS JEFFERSON, p. 500
158. 1 FEDERALIST № 79 @ http://www.constitution.org/fed/federa79.htm
159. 1 Article 3, §2
160. 1 United States v. Butler, 297 US 1 (1936) @ http://laws.findlaw.com/us/297/1.html
161. 1 I use “diversity jurisdiction” in a much more expansive scope than is commonly used. The nearly universal practice is to use “diversity jurisdiction” only to describe controversies “between citizens of different states”.
162. 1 FEDERALIST № 80 @ http://www.constitution.org/fed/federa80.htm
163. 1 FEDERALIST № 80 @ http://www.constitution.org/fed/federa80.htm
164. 1 28 U.S.C. §§1332, 1441 et seq.
165. 1 From FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s2.html
166. 1 ST. COMMENTARIES §1640 from http://www.constitution.org/js/js_338.htm
167. 1 http://dictionary.reference.com/browse/arise
168. 1 ST. COMMENTARIES §1639 from http://www.constitution.org/js/js_338.htm
169. 1 Bergh 10:167. (1800); THE REAL THOMAS JEFFERSON, p. 624
170. 1 “The expression, ‘cases in law and equity,’ is manifestly confined to cases of a civil nature; and would exclude cases of criminal jurisdiction. Criminal cases in law and equity would be a language unknown to the law.” MADISON’S REPORT OF 1799 ON THE VIRGINIA RESOLUTIONS @ http://www.constitution.org/rf/vr_1799.htm
171. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s3.html
172. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s3.html
173. 1 The reference to “parol” seems wrong.
174. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s3.html; “This indeed is exceedingly hard, but so the law is written such is the written or positive law. An observation quoted by Blackstone as used by Ulpian in the civil law and applied to cases where courts of equity have no power to abate the rigor of the law. 3 Bl Comm. 430. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
175. 1 “The law does not define exactly but trusts in the judgment of a good man.” BLACK’S LAW DICTIONARY, 5th Ed. at 821.
176. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s3.html
177. 1 “Roman law property that a father or master allowed his child or slave to hold as his own.” http://dictionary.reference.com/browse/peculium
178. 1 “An action on the case is the broad common law name for suits either for breaches of contract (ex contractu) or for torts (ex delicto).”
179. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s3.html
180. 1 EX CONTRACTU. “From or out of a contract in both the civil and the common law rights and causes of action are divided into two classes those arising ex contractu from a contract and those arising ex delicto from a delict or tort. See 3 Bl. Comm. 117.”
EX DELICTO. “From a delict, tort, fault, crime or malfeasance. In both the civil and the common law, obligations and of action are divided into two great those arising ex contractu (out of contract) and those ex delicto. The latter are such as grow out of or are founded upon a wrong or tort, eg., trespass, trover, replevin These terms were known in English law at a very early period. See 3 Bl Comm. 117. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
181. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s3.html
182. 1 PRO RE NATA. “For the affair immediately in hand adapted to meet the particular occasion Thus a course of judicial action adopted under pressure of the exigencies of the affair in hand rather than in conformity to established precedents is said to be taken pro re nata.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
183. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s3.html
184. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s3.html
185. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s3.html
186. 1 “According to what is just and right”. BLACK’S LAW DICTIONARY, 5th Ed. at 1214
187. 1 “Which are left and handed down to us.” http://tinyurl.com/3gz73kk
188. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s3.html
189. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s3.html
190. 1 FEDERALIST № 80 @ http://www.constitution.org/fed/federa80.htm
191. 1 ST. COMMENTARIES §1634 @ http://www.constitution.org/js/js_338.htm
192. 1 “The expression, ‘cases in law and equity,’ is manifestly confined to cases of a civil nature; and would exclude cases of criminal jurisdiction. Criminal cases in law and equity would be a language unknown to the law.” MADISON’S REPORT OF 1799 ON THE VIRGINIA RESOLUTIONS @ http://www.constitution.org/rf/vr_1799.htm
193. 1 NEW VIEWS p. 171-172 @ http://www.constitution.org/jt/jtnvc.htm
194. 1 BLACK’S LAW DICTIONARY, 5th Ed. at 222
195. 1 “SUIT. In old English law. The witnesses or followers of the plaintiff. * * * See “SECTA”.
Old books mention the word in many connections which are now disused—at least in the United States. Thus, ‘suit’ was used of following any one, or in the sense of pursuit; as in the phrase ‘making fresh suit.’ It was also used of a petition to the king or lord. ‘Suit of court’ was the attendance which-a tenant owed at the court of his lord.
‘Suit covenant’ and ‘suit custom’ seem to have signified a right to one’s attendance, or one’s obligation to attend, at the lord’s court, founded upon a known covenant, or in immemorial usage or practice of ancestors. ‘Suit regal’ was attendance at the sheriff’s tourn or leet, (his court.) ‘Suit of the king’s peace’ was pursuing an offender—one charged with breach of the peace. Abbott.
In modern law. ‘Suit’ is a generic term, of comprehensive signification, and applies to any proceeding in a court of justice in which the plaintiff pursues, in such court, the remedy which the law affords him for the redress of an injury or the recovery of a right. * * *
It is, however, seldom applied to a criminal prosecution. And it is sometimes restricted to the designation of a proceeding in equity, to distinguish such proceeding from an action at law.
—Suit of court. This phrase denoted the duty of attending the lord’s court, and in common with fealty, was one of the incidents of a feudal holding. * * *
—Suit of the king’s peace. The pursuing a man for breach of the King’s peace by treasons, insurrections, or trespasses.
—Suit money. An allowance, in the nature of temporary alimony, authorized by statute in some states to be made to a wife on the institution of her suit for divorce, intended to cover the reasonable expenses of the suit and to provide her with means for the efficient preparation and trial of her case.” http://books.google.com/books?q=Old%20books%20mention&id=R2c8AAAAIAAJ&output=text&pg=PA1121 (BLACK’S LAW DICTIONARY, 2nd Ed.)
196. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a2_1_1s2.html
197. 1 ARCANA IMPERII. State secrets. 1 Bl Comm. 337. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
198. 1 Good goddess. http://tinyurl.com/3gfqz9x
199. 1 BL. COMMENTARIES from http://ebooks.adelaide.edu.au/b/blackstone/william/comment/book1.7.html “The title ‘prerogative’ it is presumed was annihilated in America with the kingly government. It will however be of use to the student to observe in the course of this chapter how many of the like the mysteries of the bona dea, was not suffered to be pried into by any but such as were initiated in it’s service: because perhaps the exertion of the one, like the solemnities of the other, would not bear the inspection of a rational and sober inquiry. The glorious queen Elizabeth herself made no scruple to direct her parliaments to abstain from discoursing of matters of state; and it was the constant language of this favourite princess and her ministers, that even that august assembly ‘ought not to deal, to judge, or to meddle with her majesty’s prerogative royal.’ And her successor, king James the first, who had imbibed high notions of the divinity of regal sway, more than once laid it down in his speeches, that, ‘as it is atheism and blasphemy in a creature to dispute what the deity may do, so it is presumption and sedition in a subject to dispute what a king may do in the height of his power; good Christians, he adds, will be content with God’s will, revealed in his word; and good subjects will rest in the king’s will, revealed in his law.’” Tucker’s Blackstone @ http://www.constitution.org/tb/tb2.htm
200. 1 BL. COMMENTARIES @ http://tinyurl.com/3nayr3o; “For a king has no other power but that alone which is allowed by right.” http://tinyurl.com/3pb7ala
201. 1 “The king ought to be under the law because the law makes the king.” 1 Bl 239. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
202. 1 “The interest of the emperor is in all things to be reserved; to whom God has made the laws themselves subject.” http://www.mindserpent.com/American_History/books/Tucker/trans_01.htm#p_232b
203. 1 “It is fitting, however, to observe the laws of the prince to whom he is released.” http://tinyurl.com/3bma8an
204. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/3147115
205. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a2_1_1s2.html
206. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/3147117
207. 1 In English law. The lesser prerogatives of the crown including the rights of the revenue. 1 Bl Comm. 241. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
208. 1 BL. COMMENTARIES from http://tinyurl.com/3vq89a4; “The greater royalties of the kingdom appertain to dignity of station; but the inferior immediately concern the acquisition of money; these are properly fiscal, and relate to the rights of the king’s revenue.” http://ebooks.adelaide.edu.au/b/blackstone/william/comment/book1.7.html
209. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/3147120
210. 1 “The king is the vicar, and the minister of God in the land: all are, indeed, under him, and he under none, but only under God.” http://tinyurl.com/5t3mwry
211. 1 “King and the emperor.” http://translate.google.com/#la|en|basileus and imperator
212. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/3147121
213. 1 BL. COMMENTARIES from http://oll.libertyfund.org/index.php?option=com_staticxt&staticfile=advanced_search.php
214. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/3147121
215. 1 THE LIFE OF THOMAS MORE, pp. 396-98
216. 1 THE LIFE OF THOMAS MORE, p. 401
217. 1 THE LIFE OF THOMAS MORE, p. 402
218. 1 THE LIFE OF THOMAS MORE, p. 403
219. 1 THE LIFE OF THOMAS MORE, p. 404
220. 1 THE LIFE OF THOMAS MORE, p. 405
221. 1 THE LIFE OF THOMAS MORE, p. 406
222. 1 From somewhere in Psalm 33: http://www.newadvent.org/bible/psa032.htm
223. 1 Michael Davies, ST. JOHN FISHER, pp. 108-113
224. 1 INFERNO, Cantos 32-33 @ http://www.gutenberg.org/cache/epub/8789/pg8789.txt
225. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/3147122
226. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/3147123
227. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/3147124
228. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/3147125
229. 1 Paine, RIGHTS OF MAN from http://oll.libertyfund.org/title/798/95654/2141328
230. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/3147126
231. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/
232. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/3147128
233. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/3147129
234. 1 “At any time, waited for the king.” http://translate.google.com/#la|en|Nullum tempus occurrit regi
235. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/3147130
236. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2140/198665/3149142
237. 1 FEDERALIST № 32 @ http://www.constitution.org/fed/federa32.htm
238. 1 Note Hamilton’s use of “nation” in referring to a state.
239. 1 FEDERALIST № 81 @ http://www.constitution.org/fed/federa81.htm
240. 1 ST. COMMENTARIES §1669 @ http://www.constitution.org/js/js_338.htm
241. 1 ST. COMMENTARIES §1670 @ http://www.constitution.org/js/js_338.htm
242. 1 ST. COMMENTARIES §1671 @ http://www.constitution.org/js/js_338.htm
243. 1 ST. COMMENTARIES §1671 @ http://www.constitution.org/js/js_338.htm
244. 1 Amendment 1.
245. 1 ST. COMMENTARIES §1672 @ http://www.constitution.org/js/js_338.htm
246. 1 ST. COMMENTARIES §1672 @ http://www.constitution.org/js/js_338.htm
247. 1 Leagues between states would seem to violate ART. 1, §10: “No State shall enter into any Treaty, Alliance, or Confederation . . . .” Also, “No State shall, without the Consent of Congress, enter into any Agreement or Compact with another State . . . .’
248. 1 NEW VIEWS pp. 43-44 http://www.constitution.org/jt/jtnvc.htm
249. 1 FEDERALIST № 9 @ http://www.constitution.org/fed/federa09.htm
250. 1 NEW VIEWS, p. 78 @ http://www.constitution.org/jt/jtnvc.htm
251. 1 NEW VIEWS pp. 77-81 @ http://www.constitution.org/jt/jtnvc.htm
252. 1 Article 3, §2.
253. 1 Controversies include only civil suits, not criminal prosecutions. See “Controversy” @ BLACK’S LAW DICTIONARY, 5th Ed. 298
254. 1 See “Federal Common Law” @ BLACK’S LAW DICTIONARY, 5th Ed. 550
255. 1 “Equitable relief” is “that species of relief . . . as, for example, in the case of one seeking an injunction or specific performance instead of money damages.” BLACK’S LAW DICTIONARY, 5th Ed. @ 484
256. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s3.html
257. 1 “The expression, ‘cases in law and equity,’ is manifestly confined to cases of a civil nature; and would exclude cases of criminal jurisdiction. Criminal cases in law and equity would be a language unknown to the law.’” MADISON’S REPORT OF 1799 ON THE VIRGINIA RESOLUTIONS @ http://www.constitution.org/rf/vr_1799.htm
258. 1 I have assumed that such statutes are valid, though questionable. The rule used to be that defendant had to be served in the state claiming jurisdiction. See Pennoyer v. Neff, 95 U.S. 714 (1878) @ http://laws.findlaw.com/us/95/714.html
259. 1 FEDERALIST № 80 @ http://www.constitution.org/fed/federa80.htm
260. 1 ST. COMMENTARIES §1635 @ http://www.constitution.org/js/js_338.htm
261. 1 ST. COMMENTARIES §1641 @ http://www.constitution.org/js/js_338.htm
262. 1 ST. COMMENTARIES §1642 @ http://www.constitution.org/js/js_338.htm
263. 1 Article 1, §8, CL. 4
264. 1 ST. COMMENTARIES §1641 @ http://www.constitution.org/js/js_338.htm
265. 1 FEDERALIST № 80 @ http://www.constitution.org/fed/federa80.htm
266. 1 ST. COMMENTARIES §1636 @ http://www.constitution.org/js/js_338.htm
267. 1 ST. COMMENTARIES §1650 @ http://www.constitution.org/js/js_338.htm
268. 1 ST. COMMENTARIES §1650 @ http://www.constitution.org/js/js_338.htm
269. 1 ST. COMMENTARIES §1637 @ http://www.constitution.org/js/js_338.htm
270. 1 FEDERALIST № 22 @ http://www.constitution.org/fed/federa22.htm
271. 1 “By the law of nations.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
272. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s3.html
273. 1 ST. COMMENTARIES §1652 @ http://www.constitution.org/js/js_338.htm
274. 1 ST. COMMENTARIES §1652 @ http://www.constitution.org/js/js_338.htm
275. 1 ST. COMMENTARIES §1652 @ http://www.constitution.org/js/js_338.htm
276. 1 ST. COMMENTARIES §1652 @ http://www.constitution.org/js/js_338.htm
277. 1 ST. COMMENTARIES §1654 @ http://www.constitution.org/js/js_338.htm
278. 1 BL. COMMENTARIES @ http://oll.libertyfund.org/title/2142/198796/
279. 1 BL. COMMENTARIES @ http://oll.libertyfund.org/title/2142/198796/3153040
280. 1 BL. COMMENTARIES @ http://oll.libertyfund.org/title/2142/198796/3153040
281. 1 ST. COMMENTARIES §1659 @ http://www.constitution.org/js/js_338.htm
282. 1 ST. COMMENTARIES §1659 @ http://www.constitution.org/js/js_338.htm
283. 1 JURE BELLI. “By the right or law of war.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
284. 1 ST. COMMENTARIES §1660 @ http://www.constitution.org/js/js_338.htm
285. 1 ST. COMMENTARIES §1661 @ http://www.constitution.org/js/js_338.htm
286. 1 ST. COMMENTARIES §1661 @ http://www.constitution.org/js/js_338.htm
287. 1 IN VINCULIS. In chains, in actual custody. Applied also figuratively to the condition of a person who is compelled to submit to terms which oppression and his necessities impose on him.1 Story Eq. Jur. 302. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
288. 1 ST. COMMENTARIES §1662 @ http://www.constitution.org/js/js_338.htm
289. 1 ST. COMMENTARIES §1663 @ http://www.constitution.org/js/js_338.htm
290. 1 ST. COMMENTARIES §1664 @ http://www.constitution.org/js/js_338.htm
291. 1 IN REM. “A technical term used to designate proceedings or actions instituted against the thing in contradistinction to personal actions which are said to be in personam. * * * It is true that in a strict sense a proceeding in rem is one taken directly against property and has for its object the disposition of property without reference to the title of individual claimants, but in a larger and more general sense the terms are applied to actions between parties where the direct object is to reach and dispose of property owned by them or of some interest therein. Such are cases commenced by attachment against the property of debtors or instituted to partition real estate, foreclose a mortgage. or enforce a lien. So far as they affect property in this state they are substantially proceedings in rem in the broader sense which we have mentioned Pennoyer v Neff, 95 US 734, 24 L Ed 565
Quasi in rem. A term applied to proceedings which are not strictly and purely in rem but are brought against the defendant personally, though the real object is to deal with particular property or subject property to the discharge of claims asserted, for example, foreign attachment or proceedings to foreclose a mortgage remove a cloud from title, or effect a partition. * * * The action in rem is that by which we seek our property which is possessed by another and is always against him who possesses the property.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
292. 1 IN PERSONAM, IN REM. “In the Roman law from which they are taken the expressions in rem and in personam were always opposed to one another an act or proceeding in personam being one done or directed against or with reference to a specific person while an act or proceeding in rem was one done or directed with reference to no specific person and consequently against or with reference to all whom it might concern or ‘all the world’. The phrases were especially applied to actions: an actio in personam being the remedy where a claim against a specific person arose out of an obligation whether ex contractu or ex maleficio while an actio in rem was one brought for the assertion of a right of property, easement, status etc., against one who denied or infringed it * * *
From this use of the terms, they have come to be applied to signify the antithesis of ‘available against a particular person and available against the world at large. Thus jura in personam are rights primarily available against specific persons jura in rem rights only available against the world at large.
So a judgment or decree is said to be in rem when it binds third persons. Such is the sentence of a court of admiralty on a question of prize, or a decree of nullity or dissolution of marriage, or a decree of a court in a foreign country.
So a judgment or decree is said to be in rem when it binds third persons. Such is the sentence of a court of admiralty on a question of prize, or a decree of nullity, or dissolution of marriage or a decree of a court in a foreign country as to the status of a person domiciled there. Lastly the terms are sometimes used to signify that a judicial proceeding operates on a thing or a person. Thus it is said of the court of chancery that it acts in personam and not in rem, meaning that its decrees operate by compelling defendants to do what they are ordered to do and not by producing the effect directly. * * *
In personam actio est qua cum eo agimus qui obligatus est nobis ad faciendum aliquid vel dandum. The action in personam is that by which we sue him who is under obligation to us to do something or give something.’” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
293. 1 ST. COMMENTARIES §1665 @ http://www.constitution.org/js/js_338.htm
294. 1 ST. COMMENTARIES §1666 @ http://www.constitution.org/js/js_338.htm
295. 1 ST. COMMENTARIES §1666; fn 3 @ http://www.constitution.org/js/js_338.htm
296. 1 ST. COMMENTARIES §1667 @ http://www.constitution.org/js/js_338.htm
297. 1 ST. COMMENTARIES §1667 @ http://www.constitution.org/js/js_338.htm
298. 1 ST. COMMENTARIES §1668 @ http://www.constitution.org/js/js_338.htm
299. 1 FEDERALIST № 32 @ http://www.constitution.org/fed/federa32.htm
300. 1 ST. COMMENTARIES §1673 @ http://www.constitution.org/js/js_338.htm
301. 1 ST. COMMENTARIES §1674 @ http://www.constitution.org/js/js_338.htm
302. 1 ST. COMMENTARIES §1675 @ http://www.constitution.org/js/js_338.htm
303. 1 ST. COMMENTARIES §1675 @ http://www.constitution.org/js/js_338.htm
304. 1 Article 9, §2 @ http://memory.loc.gov/ll/llsl/001/0100/01300006.tif
305. 1 ST. COMMENTARIES §1676 @ http://www.constitution.org/js/js_338.htm
306. 1 2 U.S. 419 (1793) @ http://laws.findlaw.com/us/2/419.html
307. 1 ST. COMMENTARIES §1677 @ http://www.constitution.org/js/js_338.htm
308. 1 ST. COMMENTARIES §1678 @ http://www.constitution.org/js/js_338.htm
309. 1 ST. COMMENTARIES §1679 @ http://www.constitution.org/js/js_338.htm
310. 1 ST. COMMENTARIES §1680 @ http://www.constitution.org/js/js_338.htm
311. 1 ST. COMMENTARIES §1682 @ http://www.constitution.org/js/js_338.htm
312. 1 ST. COMMENTARIES §1684 @ http://www.constitution.org/js/js_338.htm
313. 1 ST. COMMENTARIES §1685 @ http://www.constitution.org/js/js_338.htm
314. 1 ST. COMMENTARIES §1686 @ http://www.constitution.org/js/js_338.htm
315. 1 “The intention to make a gain or profit. The intention of remaining intention to establish a permanent residence. 1 Kent Comm. This is the point to be settled in determining the domicile or residence of a party.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
316. 1 ST. COMMENTARIES §1687 @ http://www.constitution.org/js/js_338.htm
317. 1 ST. COMMENTARIES §1688 @ http://www.constitution.org/js/js_338.htm
318. 1 ST. COMMENTARIES §1690 @ http://www.constitution.org/js/js_338.htm
319. 1 Articles of Confederation, Article 9, §2: “The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other causes whatever . . . . http://memory.loc.gov/ll/llsl/001/0100/01300006.tif
320. 1 Burton, LEGAL THESAURUS, p. 301.
321. 1 “The law of the place. This may be of the following several descriptions: Lex loci contractus: the law of the place where the contract was made or to be performed. Lex loci actus: the law of the place where the act was done. Lex loci rei sitar: the law of the place where the subject matter is situated. Lex loci domicilii: the law of the place of domicile.”
http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
322. 1 ST. COMMENTARIES §1691 @ http://www.constitution.org/js/js_338.htm from FEDERALIST № 80 @ http://www.constitution.org/fed/federa80.htm
323. 1 ST. COMMENTARIES §1692 @ http://www.constitution.org/js/js_338.htm
324. 1 ST. COMMENTARIES §1693 @ http://www.constitution.org/js/js_338.htm
325. 1 ST. COMMENTARIES §1694 @ http://www.constitution.org/js/js_338.htm
326. 1 FEDERALIST № 82 @ http://www.constitution.org/fed/federa82.htm
327. 1 Article 1, §8, CL. 17
328. 1 Article 1, §10
329. 1 Article 1, §8, CL. 4
330. 1 FEDERALIST № 32 @ http://www.constitution.org/fed/federa32.htm
331. 1 FEDERALIST № 32 @ http://www.constitution.org/fed/federa32.htm
332. 1 FEDERALIST № 32 @ http://www.constitution.org/fed/federa32.htm
333. 1 FEDERALIST № 32 @ http://www.constitution.org/fed/federa32.htm
334. 1 FEDERALIST № 82 @ http://www.constitution.org/fed/federa82.htm
335. 1 FEDERALIST № 82 @ http://www.constitution.org/fed/federa82.htm
336. 1 FEDERALIST № 82 @ http://www.constitution.org/fed/federa82.htm
337. 1 FEDERALIST № 82 @ http://www.constitution.org/fed/federa82.htm
338. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
339. 1 FEDERALIST № 81 @ http://www.constitution.org/fed/federa82.htm
340. 1 Rhode Island didn’t participate at this stage.
341. 1 NEW VIEWS, pp. 17-18 http://www.constitution.org/jt/jtnvc.htm
342. 1 NEW VIEWS, pp. 165-67 http://www.constitution.org/jt/jtnvc.htm
343. 1 St. George Tucker from http://www.constitution.org/tb/t1e.htm
344. 1 NEW VIEWS, pp. 167-68 http://www.constitution.org/jt/jtnvc.htm
345. 1 “A thing adjudged”. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
346. 1 FEDERALIST № 82 @ http://www.constitution.org/fed/federa82.htm
347. 1 ST. COMMENTARIES §1748 @ http://www.constitution.org/js/js_338.htm. My numbering within Justice Story’s statements is intended to relate to the 11 clauses of the judiciary article.
348. 1 NEW VIEWS p. 336 @ http://www.constitution.org/jt/jtnvc.htm
349. 1 NEW VIEWS p. 336-37 @ http://www.constitution.org/uslaw/judiciary_1789.htm
350. 1 Here I believe that Col. Taylor is referring to the cases of state v. state and disputes between citizens of the same state claiming lands under grants of different states.
351. 1 NEW VIEWS p. 163 @ http://www.constitution.org/jt/jtnvc.htm
352. 1 14 U.S. 304 (1816) @ http://laws.findlaw.com/us/14/304.html
353. 1 ST. COMMENTARIES §1749 @ http://www.constitution.org/js/js_338.htm
354. 1 ST. COMMENTARIES §1750 @ http://www.constitution.org/js/js_338.htm
355. 1 “A middle between two extremes, whether applies to persons, things or time.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
356. 1 ST. COMMENTARIES §1751 @ http://www.constitution.org/js/js_338.htm
357. 1 ST. COMMENTARIES §1753 @ http://www.constitution.org/js/js_338.htm
358. 1 ST. COMMENTARIES §1752 @ http://www.constitution.org/js/js_338.htm
359. 1 FAMILIAR EXPOSITION §353 @ http://www.archive.org/stream/familiarexpositi00storrich/familiarexpositi00storrich_djvu.txt
360. 1 FAMILIAR EXPOSITION §354 http://www.archive.org/stream/familiarexpositi00storrich/familiarexpositi00storrich_djvu.txt
361. 1 ST. COMMENTARIES §1696 @ http://www.constitution.org/js/js_338.htm
362. 1 ST. COMMENTARIES §1697 @ http://www.constitution.org/js/js_338.htm
363. 1 ST. COMMENTARIES §1697 @ http://www.constitution.org/js/js_338.htm
364. 1 ST. COMMENTARIES §1697 @ http://www.constitution.org/js/js_338.htm
365. 1 ST. COMMENTARIES §1698 @ http://www.constitution.org/js/js_338.htm
366. 1 “From the opposite on the contrary. Conversely. On the other hand; on the contrary.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
367. 1 ST. COMMENTARIES §1700 @ http://www.constitution.org/js/js_338.htm
368. 1 ST. COMMENTARIES §170 @ http://www.constitution.org/js/js_338.htm
369. 1 ST. COMMENTARIES §1702 @ http://www.constitution.org/js/js_338.htm
370. 1 Article 3, §2
371. 1 Original jurisdiction arises in only six instances: (1) when one of the parties is a foreign official or possibly a member of the official’s retinue; or (2) in state v. state cases; or (3) state v. citizens of a second state; (4) state v. foreign state; (5) foreign state v. state; or (6) state v. foreign citizens.
372. 1 19 U.S. 262 (1821) @ http://laws.findlaw.com/us/19/264.html
373. 1 ST. COMMENTARIES §1716 @ http://www.constitution.org/js/js_338.htm
374. 1 ST. COMMENTARIES §1716 @ http://www.constitution.org/js/js_338.htm
375. 1 ST. COMMENTARIES §1717 @ http://www.constitution.org/js/js_338.htm
376. 1 FAMILIAR EXPOSITION §363 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
377. 1 ST. COMMENTARIES §1699 @ http://www.constitution.org/js/js_338.htm
378. 1 Original jurisdiction arises in only six instances: (1) when one of the parties is a foreign official or possibly a member of the official’s retinue; or (2) in state v. state cases; (3) state v. citizens of a second state; (4) state v. foreign state; (5) foreign state v. state; and (6) state v. foreign citizens.
379. 1 Marbury v. Madison, 5 U.S. 137 (1803) @ http://laws.findlaw.com/us/5/137.html
380. 1 ST. COMMENTARIES §1755 @ http://www.constitution.org/js/js_338.htm
381. 1 ST. COMMENTARIES §1756 @ http://www.constitution.org/js/js_338.htm
382. 1 PROPRIO VIGORE. “By its own force; by its intrinsic meaning.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
383. 1 ST. COMMENTARIES §1767 @ http://www.constitution.org/js/js_338.htm
384. 1 ST. COMMENTARIES §1767 @ http://www.constitution.org/js/js_338.htm
385. 1 ST. COMMENTARIES § 1725 @ http://www.constitution.org/js/js_338.htm
386. 1 ST. COMMENTARIES § 1726 @ http://www.constitution.org/js/js_338.htm
387. 1 FEDERALIST № 81 @ http://www.constitution.org/fed/federa81.htm
388. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
389. 1 ST. COMMENTARIES §1728 @ http://www.constitution.org/js/js_338.htm
390. 1 ST. COMMENTARIES §1730 @ http://www.constitution.org/js/js_338.htm
391. 1 ST. COMMENTARIES §1731 @ http://www.constitution.org/js/js_338.htm
392. 1 ST. COMMENTARIES §1732 @ http://www.constitution.org/js/js_338.htm
393. 1 ST. COMMENTARIES §1736 @ http://www.constitution.org/js/js_338.htm
394. 1 ST. COMMENTARIES §1736 @ http://www.constitution.org/js/js_338.htm
395. 1 ST. COMMENTARIES §1736 @ http://www.constitution.org/js/js_338.htm
396. 1 ST. COMMENTARIES §1736 @ http://www.constitution.org/js/js_338.htm
397. 1 Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981). “[P]laintiff’s choice of forum should rarely be disturbed.” http://laws.findlaw.com/us/454/235.html
398. 1 ST. COMMENTARIES §1736 @ http://www.constitution.org/js/js_338.htm
399. 1 ST. COMMENTARIES §1737 @ http://www.constitution.org/js/js_338.htm
400. 1 ST. COMMENTARIES §1738 @ http://www.constitution.org/js/js_338.htm
401. 1 ST. COMMENTARIES §1741 @ http://www.constitution.org/js/js_338.htm
402. 1 Jonathan Elliot, DEBATES ON THE ADOPTION OF THE FEDERAL CONSTITUTION, Vol. 3, pp. 521-22.
403. 1 ST. COMMENTARIES §1741 @ http://www.constitution.org/js/js_338.htm
404. 1 STARE DECISIS. “’To stand by that which is decided.’ The principle that the precedent decisions are to be followed by the courts.” http://www.lectlaw.com/def2/s065.htm
405. 1 NEW VIEWS pp. 24-25 http://www.constitution.org/jt/jtnvc.htm
406. 1 ARTICLE 6
407. 1 NEW VIEWS p. 25-26 @ http://www.constitution.org/jt/jtnvc.htm
408. 1 NEW VIEWS p. 25 @ http://www.constitution.org/jt/jtnvc.htm
409. 1 NEW VIEWS p. 155 @ http://www.constitution.org/jt/jtnvc.htm
410. 1 NEW VIEWS p. 155-56 @ http://www.constitution.org/jt/jtnvc.htm
411. 1 NEW VIEWS p. 156 @ http://www.constitution.org/jt/jtnvc.htm
412. 1 NEW VIEWS p. 156-57 @ http://www.constitution.org/jt/jtnvc.htm
413. 1 NEW VIEWS p. 27 @ http://www.constitution.org/jt/jtnvc.htm
414. 1 NEW VIEWS p. 93 @ http://www.constitution.org/jt/jtnvc.htm
415. 1 NEW VIEWS p. 34 @ http://www.constitution.org/jt/jtnvc.htm
416. 1 Article 3, §2
417. 1 NEW VIEWS pp. 153-54 @ http://www.constitution.org/jt/jtnvc.htm
418. 1 NEW VIEWS p. 154 http://www.constitution.org/jt/jtnvc.htm
419. 1 NEW VIEWS p. 154 @ http://www.constitution.org/jt/jtnvc.htm
420. 1 NEW VIEWS p. 158 @ http://www.constitution.org/jt/jtnvc.htm
421. 1 NEW VIEWS p. 158 @ http://www.constitution.org/jt/jtnvc.htm
422. 1 Article 1, §8, CL. 4
423. 1 NEW VIEWS p. 158 @ http://www.constitution.org/jt/jtnvc.htm
424. 1 NEW VIEWS p. 158-59 @ http://www.constitution.org/jt/jtnvc.htm
425. 1 NEW VIEWS p. 159-60 @ http://www.constitution.org/jt/jtnvc.htm
426. 1 Article 1, §8, CL. 9
427. 1 NEW VIEWS pp. 163-64 @ http://www.constitution.org/jt/jtnvc.htm
428. 1 NEW VIEWS p. 164-65 @ http://www.constitution.org/jt/jtnvc.htm
429. 1 NEW VIEWS p. 165 @ http://www.constitution.org/jt/jtnvc.htm
430. 1 Article 4, §4
431. 1 Amendment 10
432. 1 NEW VIEWS p. 165 @ http://www.constitution.org/jt/jtnvc.htm
433. 1 NEW VIEWS pp. 165-66 @ http://www.constitution.org/jt/jtnvc.htm
434. 1 NEW VIEWS p. 166-67 @ http://www.constitution.org/jt/jtnvc.htm
435. 1 NEW VIEWS p. 167-68 @ http://www.constitution.org/jt/jtnvc.htm
436. 1 Found @ http://www.constitution.org/uslaw/judiciary_1789.htm
437. 1 NEW VIEWS p. 172-73 @ http://www.constitution.org/jt/jtnvc.htm
438. 1 NEW VIEWS p. 174 @ http://www.constitution.org/jt/jtnvc.htm
439. 1 NEW VIEWS p. 173-74 @ http://www.constitution.org/jt/jtnvc.htm
440. 1 FEDERALIST № 85 @ http://www.constitution.org/fed/federa85.htm
441. 1 NEW VIEWS p. 347-349 @ http://www.constitution.org/jt/jtnvc.htm
442. 1 http://tinyurl.com/3kqc9ot
443. 1 http://tinyurl.com/3kqc9ot
444. 1 http://tinyurl.com/3kqc9ot
445. 1 http://tinyurl.com/3kqc9ot
446. 1 http://tinyurl.com/3kqc9ot
447. 1 BLACK’S LAW DICTIONARY, 5th Ed. @ 711
448. 1 http://tinyurl.com/3kqc9ot
449. 1 http://tinyurl.com/3kqc9ot
450. 1 http://tinyurl.com/3kqc9ot
451. 1 http://tinyurl.com/3kqc9ot
452. 1 http://tinyurl.com/3kqc9ot
453. 1 http://tinyurl.com/3kqc9ot
454. 1 http://tinyurl.com/3kqc9ot
455. 1 http://tinyurl.com/3kqc9ot
456. 1 http://tinyurl.com/3kqc9ot
457. 1 http://tinyurl.com/3kqc9ot
458. 1 http://tinyurl.com/3kqc9ot
459. 1 http://tinyurl.com/3kqc9ot
460. 1 http://tinyurl.com/3kqc9ot
461. 1 http://tinyurl.com/3kqc9ot
462. 1 http://tinyurl.com/3kqc9ot
463. 1 http://tinyurl.com/3kqc9ot
464. 1 http://tinyurl.com/3kqc9ot
465. 1 http://tinyurl.com/3kqc9ot
466. 1 http://tinyurl.com/3kqc9ot
467. 1 http://tinyurl.com/3kqc9ot
468. 1 http://tinyurl.com/3kqc9ot
469. 1 http://tinyurl.com/3kqc9ot
470. 1 http://tinyurl.com/3kqc9ot
471. 1 http://tinyurl.com/3kqc9ot
472. 1 http://tinyurl.com/3kqc9ot
473. 1 http://tinyurl.com/3kqc9ot
474. 1 http://tinyurl.com/3kqc9ot
475. 1 http://tinyurl.com/3kqc9ot
476. 1 http://tinyurl.com/3kqc9ot
477. 1 http://tinyurl.com/3kqc9ot
478. 1 http://tinyurl.com/3kqc9ot
479. 1 http://tinyurl.com/3kqc9ot
480. 1 http://tinyurl.com/3kqc9ot
481. 1 http://tinyurl.com/3kqc9ot
482. 1 http://tinyurl.com/3kqc9ot
483. 1 http://tinyurl.com/3kqc9ot
484. 1 http://tinyurl.com/3kqc9ot
485. 1 OXFORD COMPANION @ http://www.answers.com/topic/state-sovereignty-and-states-rights
486. 1 From FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s65.html
487. 1 OXFORD COMPANION @ http://www.answers.com/topic/state-sovereignty-and-states-rights
488. 1 From FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_1s65.html
489. 1 NEW VIEWS p. 174-175 @ http://www.constitution.org/jt/jtnvc.htm
490. 1 NEW VIEWS p. 175-176 @ http://www.constitution.org/jt/jtnvc.htm
491. 1 NEW VIEWS p. 176 @ http://www.constitution.org/jt/jtnvc.htm
492. 1 NEW VIEWS p. 189-190 @ http://www.constitution.org/jt/jtnvc.htm
493. 1 NEW VIEWS p. 191-192 @ http://www.constitution.org/jt/jtnvc.htm
494. 1 NEW VIEWS p. 192 @ http://www.constitution.org/jt/jtnvc.htm
495. 1 NEW VIEWS pp. 192-93 @ http://www.constitution.org/jt/jtnvc.htm
496. 1 NEW VIEWS p. 194 @ http://www.constitution.org/jt/jtnvc.htm
497. 1 NEW VIEWS p. 195 @ http://www.constitution.org/jt/jtnvc.htm
498. 1 PROPRIO VIGORE. “By its own force; by its intrinsic meaning.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
499. 1 ST. COMMENTARIES §1767 @ http://www.constitution.org/js/js_338.htm
500. 1 ST. COMMENTARIES §1768 @ http://www.constitution.org/js/js_338.htm
501. 1 ST. COMMENTARIES §1589 @ http://www.constitution.org/js/js_338.htm
502. 1 ST. COMMENTARIES §1757 from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_2s11.html
503. 1 FEDERALIST № 81 @ http://www.constitution.org/fed/federa81.htm
504. 1 FEDERALIST № 81 @ http://www.constitution.org/fed/federa81.htm
505. 1 FEDERALIST № 81 @ http://www.constitution.org/fed/federa81.htm
506. 1 FEDERALIST № 81 @ http://www.constitution.org/fed/federa81.htm
507. 1 FEDERALIST № 81 @ http://www.constitution.org/fed/federa81.htm
508. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
509. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
510. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
511. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
512. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
513. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
514. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
515. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
516. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
517. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
518. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
519. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
520. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
521. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
522. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
523. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
524. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
525. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
526. 1 ST. COMMENTARIES §1757 @ http://www.constitution.org/js/js_338.htm
527. 1 ST. COMMENTARIES §1757 @ http://www.constitution.org/js/js_338.htm
528. 1 Amendment 7
529. 1 ST. COMMENTARIES §1762 @ http://www.constitution.org/js/js_338.htm
530. 1 Declaration of Independence.]
531. 1 ST. COMMENTARIES §1773 @ http://www.constitution.org/js/js_338.htm
532. 1 ST. COMMENTARIES §1774 @ http://www.constitution.org/js/js_338.htm
533. 1 ST. COMMENTARIES §1775 @ http://www.constitution.org/js/js_338.htm
534. 1 ST. COMMENTARIES §1775 @ http://www.constitution.org/js/js_338.htm
535. 1 PRAEMUNIRE. In English law. “The name of an offense against the king and his government though not subject to capital punishment. So called from the words of the writ which issued preparatory to the prosecution: ‘Praemunire facias A.B. quod sit coram nobis,’ etc.: Cause A.B. to be forewarned that he appear before us to answer the contempt with which he stands charged. The statutes establishing this offense, the first of which was made in the thirty first year of the reign of Edward I., were framed to encounter the papal usurpations in England; the original meaning of the offense called ‘praemunire’, being the introduction of a foreign power into the kingdom and creating imperium in imperio, by paying that obedience to papal process which constitutionally belonged to the king alone. The penalties of praemunire were afterwards applied to other heinous offenses.” 4 Bl Comm. 103- 117. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
536. 1 BL. COMMENTARIES @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
537. 1 ALTA PRODITIO. “In old English law, high treason.” 4 Bl Comm. 75. See High Treason. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
538. 1 MIRROR: “The Mirror of Justice: . . . an ancient treatise of the laws of England . . . .” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
539. 1 ALTA PRODITIO. “In old English law, high treason.” 4 Bl Comm. 75. See High Treason. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
540. 1 “The crime of high treason.” http://tinyurl.com/3ufgqgd
541. 1 “The Julian law of majesty. A law promulgated by Julius Caesar and again published with additions by Augustus comprehending all the laws before enacted to punish transgressors against the state.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
542. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
543. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
544. 1 PER INFORTUNIUM. “By misadventure. In criminal law homicide per infortunium is committed where a man, doing a lawful act without any intention of hurt, unfortunately kills another.” 4 Bl Comm. 182. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
545. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
546. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html; SCRIBERE EST AGERE. “To write is to act. Treasonable words set down in writing amount to overt acts of treason.” 4 Bl Comm. 80. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
547. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
548. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
549. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
550. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
551. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
552. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
553. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
554. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
555. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
556. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
557. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
558. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
559. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html; “The crime of high treason.” http://tinyurl.com/3ufgqgd
560. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
561. 1 “Defacing or even melting down the emperor’s statues was made treason by the Julian law; together with other offenses of the like sort, according to that vague appendix, “aliudve quid simile si admiserint [‘if they committed anything similar’]. http://www.republicsg.info/Blackstone_Detail.asp?k=88
562. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
563. 1 “Divine law.” http://translate.google.com/#la|en|jure divino
564. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html; “The voice of the people, the voice of God.” http://translate.google.com/#la|en|vox populi vox Dei
565. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
566. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
567. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
568. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
569. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s8.html
570. 1 FEDERALIST № 43 @ http://www.constitution.org/fed/federa43.htm
571. 1 ST. COMMENTARIES §1292 @ http://www.constitution.org/js/js_328.htm
572. 1 ART. 3, §3
573. 1 ST. COMMENTARIES §1294 @ http://www.constitution.org/js/js_328.htm
574. 1 ST. COMMENTARIES §1295 @ http://www.constitution.org/js/js_328.htm
575. 1 ST. COMMENTARIES §1295 @ http://www.constitution.org/js/js_328.htm
576. 1 ST. COMMENTARIES §1295 @ http://www.constitution.org/js/js_328.htm
577. 1 ST. COMMENTARIES §1296 @ http://www.constitution.org/js/js_328.htm
578. 1 ST. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_3_1-2s25.html
579. 1 ST. COMMENTARIES §1791 @ http://www.constitution.org/js/js_339.htm
580. 1 ST. COMMENTARIES §1792 @ http://www.constitution.org/js/js_339.htm
581. 1 ST. COMMENTARIES §1793 @ http://www.constitution.org/js/js_339.htm
582. 1 ST. COMMENTARIES §1794 @ http://www.constitution.org/js/js_339.htm
583. 1 ST. COMMENTARIES §1796 @ http://www.constitution.org/js/js_339.htm
584. 1 ST. COMMENTARIES §1630 @ http://www.constitution.org/js/js_338.htm
585. 1 See BLACK’S LAW DICTIONARY, 5th Ed. at 638.
586. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa84.htm
587. 1 ST. FAMILIAR EXPOSITION §224 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
588. 1 Article 1, §9
589. 1 ST. FAMILIAR EXPOSITION §225 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
590. 1 ST. FAMILIAR EXPOSITION §225 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
591. 1 ST. FAMILIAR EXPOSITION §226 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
592. 1 Article 1
593. 1 FEDERALIST № 44 @ http://www.constitution.org/fed/federa44.htm
594. 1 FEDERALIST № 84 @ http://www.constitution.org/fed/federa84.htm
595. 1 Article 1, §9
596. 1 Article 1, §9
597. 1 Article 1, §9
598. 1 ST. FAMILIAR EXPOSITION §159 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
599. 1 ST. FAMILIAR EXPOSITION §159 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
600. 1 ST. FAMILIAR EXPOSITION §159 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
601. 1 ST. FAMILIAR EXPOSITION §159 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
602. 1 Article 1, §9
603. 1 ST. FAMILIAR EXPOSITION §227 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
604. 1 ST. FAMILIAR EXPOSITION §227 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
605. 1 ST. FAMILIAR EXPOSITION §227 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
606. 1 Article 1, §9
607. 1 FEDERALIST № 84 @ http://www.constitution.org/fed/federa84.htm
608. 1 Article VI @ http://www.usconstitution.net/articles.html
609. 1 FEDERALIST № 44 http://www.constitution.org/fed/federa44.htm
610. 1 ST. FAMILIAR EXPOSITION §228 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
611. 1 ST. FAMILIAR EXPOSITION §228 @ @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
612. 1 Article 3, §2
613. 1 Article 6
614. 1 FEDERALIST № 27 @ http://www.constitution.org/fed/federa27.htm
615. 1 ST. FAMILIAR EXPOSITION §426 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
616. 1 ST. FAMILIAR EXPOSITION §427 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
617. 1 ST. FAMILIAR EXPOSITION §428 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
618. 1 FEDERALIST № 84 @ http://www.constitution.org/fed/federa84.htm
619. 1 FEDERALIST № 84 @ http://www.constitution.org/fed/federa84.htm
620. 1 FEDERALIST № 84 @ http://www.constitution.org/fed/federa84.htm
621. 1 Contrary to Hamilton, Jefferson and later Madison showed that a bill of rights was necessary.
622. 1 ST. FAMILIAR EXPOSITION §433 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
623. 1 ST. FAMILIAR EXPOSITION §435 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
624. 1 ST. COMMENTARIES §1858 @ http://www.constitution.org/js/js_344.htm
625. 1 ST. FAMILIAR EXPOSITION §436 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
626. 1 ST. FAMILIAR EXPOSITION §437 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
627. 1 ST. FAMILIAR EXPOSITION §438 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
628. 1 ST. FAMILIAR EXPOSITION §438 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
629. 1 FEDERALIST № 38 @ http://www.constitution.org/fed/federa38.htm
630. 1 WRITINGS OF JAMES MADISON, G. Hunt Ed., Philadelphia (1904) 271-73. See also 3 J. S, Commentaries on the Constitution of the United States, Boston (1833) §1898.
631. 1 Jefferson presented Madison with the argument that a bill of rights would afford a legal check which it puts in the hands of the judiciary.” 14 THE PAPERS OF THOMAS JEFFERSON, J. Boyd, Ed., Princeton (1958), p. 659
632. 1 1 ANNALS OF CONGRESS 439 (1789) http://memory.loc.gov/ll/llac/001/0200/02270449.tif.
633. 1 Barron v. Baltimore, 32 U.S. 243 (1833) @ http://laws.findlaw.com/us/32/243.html.
634. 1 To James Madison, Bergh 6:388. (1787); THE REAL THOMAS JEFFERSON, p. 357
635. 1 Bergh 6:425. (1788) THE REAL THOMAS JEFFERSON, p. 357
636. 1 To James Madison. Bergh 7:96. (1788) THE REAL THOMAS JEFFERSON, p. 357
637. 1 To James Madison. Bergh 7:96. (1788) THE REAL THOMAS JEFFERSON, p. 357
638. 1 ST. FAMILIAR EXPOSITION §442 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt%5D
639. 1 ST. FAMILIAR EXPOSITION §442 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt%5D
640. 1 ST. FAMILIAR EXPOSITION §444 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt%5D
641. 1 http://dictionary.reference.com/browse/respecting
642. 1 http://www.merriam-webster.com/dictionary/religion
643. 1 http://www.thefreedictionary.com/established+church
644. 1 Cum “maculis quas aut incuria fudit, aut humana parum cavit natura [with faults which human nature either has scattered around through negligence or has guarded against too little]”; http://www.sunnetworks.net/~ggarman/estaorel.html. See http://www.thefreedictionary.com/Establishment+of+religion
645. 1 Madison, DETACHED MEMORANDA from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendI_religions64.html
646. 1 See FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendI_religions58.html
647. 1 See FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/print_documents/amendI_religions60.html
648. 1 Ford 8:344 (1805); THE REAL THOMAS JEFFERSON, p. 601
649. 1 Thomas Jefferson to Rev. Samuel Miller @ http://tinyurl.com/3crw5h7
650. 1 WRITINGS OF JAMES MADISON @ http://tinyurl.com/3cp9eae
651. 1 Levy, ORIGINS OF THE BILL OF RIGHTS, p. 81
652. 1 FEDERALIST № 84 @ http://www.constitution.org/fed/federa84.htmhttp://www.constitution.org/fed/federa84.htm
653. 1 http://thisnation.com/textbook/billofrights-religion.html
654. 1 “MR. MADISON conceives this to be the most valuable amendment in the whole list. If there were any reason to restrain the government of the United States from infringing upon these essential rights, it was equally necessary that they should be secured against the state governments. He thought that if they provided against one, it was as necessary to provide against the other, and it was satisfied that it would be equally grateful to the people.” From http://candst.tripod.com/madnational.htm, citing Annals of Congress 1:755.
655. 1 See http://caselaw.lp.findlaw.com/data/constitution/amendment01/10.html
656. 1 1st Amendment.
657. 1 ST. FAMILIAR EXPOSITION §445 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
658. 1 ST. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendI_speechs33.html
659. 1 ST. COMMENTARIES §1883 @ http://www.constitution.org/js/js_344.htm
660. 1 See http://www.loc.gov/rr/program/bib/ourdocs/Alien.html
661. 1 “Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws, with the exception of obscenity, defamation, incitement to riot, and fighting words, as well as harassment, privileged communications, trade secrets, classified material, copyright, patents, military conduct, commercial speech such as advertising, and time, place and manner restrictions.” * * * The most stringent controls on speech in the colonial period were controls that outlawed or otherwise censored speech that was considered blasphemous in a religious sense. A 1646 Massachusetts
law, for example, punished persons who denied the immortality of the soul. In 1612, a Virginia governor declared the death penalty for a person that denied the Trinity under Virginia’s Laws Divine, Moral and Martial, which also outlawed blasphemy, speaking badly of ministers and royalty, and “disgraceful words.” See http://en.wikipedia.org/wiki/Freedom_of_speech_in_the_United_States
662. 1 Article 1, §8, CL. 17
663. 1 Article 1, §8, CL. 8
664. 1 See FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendI_speechs4.html
665. 1 Schenck v. United States, 249 U.S. 47 (1919) @ http://laws.findlaw.com/us/300/227.html
666. 1 Levy, ORIGINS OF THE BILL OF RIGHTS, p. 112
667. 1 Levy, ORIGINS OF THE BILL OF RIGHTS, p. 112
668. 1 See generally, Levy, ORIGINS OF THE BILL OF RIGHTS, 103-132
669. 1 MADISON’S REPORT OF 1799 ON THE VIRGINIA RESOLUTIONS @ http://www.constitution.org/rf/vr_1799.htm
670. 1 Madison to Jefferson. See http://www.constitution.org/jm/17881017_bor.htm
671. 1 MADISON’S REPORT OF 1799 ON THE VIRGINIA RESOLUTIONS @ http://www.constitution.org/rf/vr_1799.htm
672. 1 Bergh 3:149. (1791) @ THE REAL THOMAS JEFFERSON, p. 380
673. 1 Article 4, §4: “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.” Also Congress has power: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;” Article 1, §8, CL. 15.
674. 1 Article 3, §3: “The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.”
675. 1 MADISON’S REPORT OF 1799 ON THE VIRGINIA RESOLUTIONS @ http://www.constitution.org/rf/vr_1799.htm
676. 1 MADISON’S REPORT OF 1799 ON THE VIRGINIA RESOLUTIONS @ http://www.constitution.org/rf/vr_1799.htm
677. 1 Kentucky Resolutions. Bergh 17:382. (1798) THE REAL THOMAS JEFFERSON, pp. 632-33
678. 1 Kentucky Resolutions. Bergh 17:381. (1798); THE REAL THOMAS JEFFERSON, p. 591
679. 1 Ford 8:311. (1804);THE REAL THOMAS JEFFERSON, pp. 591-92
680. 1 ST. FAMILIAR EXPOSITION §449 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
681. 1 ST. COMMENTARIES @ http://press-pubs.uchicago.edu/founders/documents/amendI_assemblys21.html
682. 1 See http://www2.merriam-webster.com/cgi-bin/nytimes?book=Dictionary&va=peaceable
683. 1 FEDERALIST № 58 @ http://www.constitution.org/fed/federa58.htm
684. 1 FEDERALIST № 43 @ http://www.constitution.org/fed/federa43.htm
685. 1 BL. COMMENTARIES @ http://oll.libertyfund.org/title/2142/198907/3153966
686. 1 Article 3, §3
687. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendI_assemblys11.html
688. 1BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a1_6_1s3.html
689. 1 See FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendI_assemblys19.html
690. 1 See FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendIIs4.html
691. 1 FEDERALIST № 46 @ http://www.constitution.org/fed/federa46.htm
692. 1 FAMILIAR EXPOSITION §450 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
693. 1 FAMILIAR EXPOSITION §451 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
694. 1 FAMILIAR EXPOSITION §451 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
695. 1 FAMILIAR EXPOSITION §452 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
696. 1 FAMILIAR EXPOSITION §399 http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
697. 1 FAMILIAR EXPOSITION §399 http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
698. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendIVs8.html
699. 1 “By virtue of his office.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
700. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendIVs8.html
701. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendIVs8.html
702. 1 FAMILIAR EXPOSITION §399 http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
703. 1 Levy, ORIGINS OF THE BILL OF RIGHTS p. 153
704. 1 Levy, ORIGINS OF THE BILL OF RIGHTS p. 155
705. 1 Levy, ORIGINS OF THE BILL OF RIGHTS p. 155
706. 1 “Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” Federal Rules of Civil Procedure, Rule 26 (b)(1).
707. 1 BLACK’S LAW DICTIONARY, 5th Ed. @ 335
708. 1 FAMILIAR EXPOSITION §399 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
709. 1 FAMILIAR EXPOSITION §399 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
710. 1 FAMILIAR EXPOSITION §389 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt [389]
711. 1 FAMILIAR EXPOSITION §390 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
712. 1 Offenses are felonies and misdemeanors, i.e. crimes. BLACK’S LAW DICTIONARY, 5th Ed. @ 975
713. 1 BL. COMMENTARIES §335 from http://oll.libertyfund.org/title/2142/198937/3154252
714. 1 FAMILIAR EXPOSITION §391 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
715. 1 Levy, ORIGINS OF THE BILL OF RIGHTS, p. 203
716. 1 Levy, ORIGINS OF THE BILL OF RIGHTS, p. 208
717. 1 FAMILIAR EXPOSITION §392 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
718. 1 “No one was bound to betray himself.” http://translate.google.com/#auto|en|nemo tenebatur prodere seipsum%0A
719. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION http://press-pubs.uchicago.edu/founders/documents/amendVIIIs4.html
720. 1 “Neither will we pass upon him, or condemn him, but by the lawful judgment of his peers, or by the law of the land.” http://www.intellectualtakeout.org/content/founders-19th-century-and-earlier-quotes-due-process?library_node=79185
721. 1 FAMILIAR EXPOSITION §393 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
722. 1 Berger, THE FOURTEENTH AMENDMENT AND THE BILL OF RIGHTS, p. 9.
723. 1 Berger, GOVERNMENT BY JUDICIARY, p. 195, @ http://oll.libertyfund.org/index.php?option=com_staticxt&staticfile=show.php%3Ftitle=675&Itemid=27
724. 1 GOVERNMENT BY JUDICIARY, p. 198, @ http://oll.libertyfund.org/index.php?option=com_staticxt&staticfile=show.php%3Ftitle=675&Itemid=27, quoted in Hurtado v. California, 110 U.S. 516, 523 (1884) @ http://laws.findlaw.com/us/110/516.html
725. 1 GOVERNMENT BY JUDICIARY, 196, n. 11 @ http://oll.libertyfund.org/index.php?option=com_staticxt&staticfile=show.php%3Ftitle=675&Itemid=27
726. 1Twining v. New Jersey, 211 U.S. 78, 111 (1908) @ http://laws.findlaw.com/us/211/78.html
727. 1 Or a plaintiff. A plaintiff can be deprived of his property without due process if he loses a lawsuit to stop a defendant from taking his and is denied the opportunity to present his claims.
728. 1 “Property” is a very broad concept: “[E]very species of valuable right and interest [including lawsuits for] invasion of one’s property rights by actionable wrong.” BLACK’S LAW DICTIONARY, 5th Ed. at 1095.
729. 1 Adamson v. California, 332 U.S. 46, 66 (1947) @ http://laws.findlaw.com/us/332/46.html
730. 1 FAMILIAR EXPOSITION §394 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
731. 1 FAMILIAR EXPOSITION §397 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
732. 1 BL. COMMENTARIES @ http://tinyurl.com/75oqmvd
733. 1 FAMILIAR EXPOSITION §384 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
734. 1 FAMILIAR EXPOSITION §384 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
735. 1 FAMILIAR EXPOSITION §385 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
736. 1 FAMILIAR EXPOSITION §386 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
737. 1 FAMILIAR EXPOSITION §395 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
738. 1 http://www.gpoaccess.gov/constitution/html/amdt6.html
739. 1 http://www.gpoaccess.gov/constitution/html/amdt6.html
740. 1 http://www.gpoaccess.gov/constitution/html/amdt6.html
741. 1 “Not liable to objection either propter honoris respectum, propter defectum, propter affectum , or propter delictum [on account of dignity, on account of incompetency, on account of partiality, or on account of criminality].” http://ebooks.adelaide.edu.au/b/blackstone/william/comment/book4.27.html
742. 1 IN FAVOREM VITAE. “In favor of life.” http://www.law-dictionary.org/IN+FAVOREM+VITAE.asp?q=IN+FAVOREM+VITAE
743. 1 In old English law. A special form of punishment for those who, being arraigned for felony, obstinately “stood mute;” that is, refused to plead or to put themselves upon trial. It Is described as a combination of solitary confinement, slow starvation, and crushing the naked body with a great load of iron. This atrocious punishment was vulgarly called “pressing to death.” See 4 BL Comm. 324-328. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
744. 1 Id.
745. 1 TALES. “Such; such men. When by means of challenges or any other cause a sufficient number of unexceptionable jurors does not appear at the trial, either party may pray a tales as it is termed; that is a supply of such men as are summoned on the first panel in order to make up the deficiency.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
746. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendV-VI_criminal_processs14.html
747. 1 FAMILIAR EXPOSITION §398 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
748. 1 SCINTILLA JURIS. “In real property law. A spark of right or interest. By this figurative expression was denoted the small particle of interest which, by a fiction of law, was supposed to remain in a feoffee to uses sufficient to support contingent uses afterwards coming into existence, and thereby enable the statute of uses (27 Hen VIII c 10) to execute them.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
749. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendV-VI_criminal_processs14.html
750. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendV-VI_criminal_processs14.html
751. 1 FAMILIAR EXPOSITION §381 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
752. 1 From FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendVIIs1.html
753. 1 VENIRE FACIAS. “In practice. A judicial writ directed to the sheriff of the county in which a cause is to be tried commanding him that he cause to come before the court on a certain day therein mentioned twelve good and lawful men of the body of his county qualified, according to law, by whom the truth of the matter may be the better known and who are in no wise of kin either to the plaintiff or to the defendant to make a jury of the country between the parties. In the action because as well the plaintiff as the defendant between whom the matter in variance is have put themselves upon that jury and that he return the names of the jurors, etc.” 3 Bl Comm. 352. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
754. 1 LIBEROS ET LEGALES HOMINES. “Free and legal men of the neighborhood.” http://www.sainvest2007.com/book/447489/Essay-on-the-Trial-By-Jury/num_149.html
755. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2142/198832/3153514
756. 1 From http://www.gpoaccess.gov/constitution/html/amdt7.html
757. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2142/198832/3153474
758. 1 BL. COMMENTARIES from http://oll.libertyfund.org/title/2142/198832/3153514
759. 1 In discussing another section of the constitution, Story wrote of the “distinction between cases at common law and cases in equity. What is to be understood by ‘cases in law and equity,’ in this clause? Plainly, cases at the common law, as contradistinguished from cases in equity, according to the known distinction in the jurisprudence of England, which our ancestors brought with them upon their emigration, and with which all the American States were familiarly acquainted.” He then described equity: “It has also been asked, and may again be asked, why the words, “cases in equity,” are found in this clause? What equitable causes can grow out of the Constitution,
laws, and treaties, of the United States? To this, the general answer seems at once clear and satisfactory. There is hardly a subject of litigation between individuals, which may not involve those ingredients of fraud, accident, trust, or hardship, which would render the matter an object of equitable, rather than of legal, jurisdiction, as the distinction is known and established in several of the States. It is the peculiar province, for instance, of a court of equity, to relieve against what are called hard bargains. These are contracts, in which, though there may have been no direct fraud or deceit, sufficient to invalidate them in a court of law; yet there may have been some undue and unconscionable advantage taken of the necessities, or misfortunes, of one of the parties, which a court of equity would not tolerate. In such cases, where foreigners were concerned on either side, it would be impossible for the Federal judicatories to do justice, without an equitable, as well as a legal jurisdiction. Agreements to convey lands, claimed under the grants of different States, may afford another example of the necessity of an equitable jurisdiction in the Federal courts. This reasoning may not be so palpable in those States, where the formal and technical distinction between LAW and EQUITY is not maintained, as in other States, where it is exemplified by every day’s practice.” FAMILIAR EXPOSITION §320 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
760. 1 FAMILIAR EXPOSITITON @ http://tinyurl.com/7yp3wyr
761. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
762. 1 FEDERALIST № 83 @ http://www.constitution.org/fed/federa83.htm
763. 1 BLACK’S LAW DICTIONARY, 5th Ed. @ 426
764. 1 BLACK’S LAW DICTIONARY, 5th Ed. @ 426
765. 1 ST. COMMENTARIES §1757 from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a3_2_2s11.html
766. 1 As might be expected, the supreme court left a gaping hole in its otherwise seemly perceptive statement, “the right of action should be analogized to its [English common law] counterpart, at law or in equity, for the purpose of determining whether there is a right of jury trial . . . .” unless Congress has expressly prescribed the mode of trials. http://www.gpoaccess.gov/constitution/html/amdt7.html
Cases “at Common Law”. The coverage of the Amendment is “limited to rights and remedies peculiarly legal in their nature, and such as it was proper to assert in courts of law and by the appropriate modes and proceedings of courts of law.” The term “common law” was used in contradistinction to suits in which equitable rights alone were recognized at the time of the framing of the Amendment and equitable remedies were administered. Illustrative of the Court’s course of decision on this subject are two unanimous decisions holding that civil juries were required in a suit by a landlord to recover possession of real property from a tenant allegedly behind on rent and in a suit for damages for alleged racial discrimination in the rental of housing in violation of federal law. In the former case, the Court reasoned that its Seventh Amendment precedents “require[d] trial by jury in actions unheard of at common law, provided that the action involves rights and remedies of the sort traditionally enforced in an action at law, rather than in an action at equity or admiralty.” The statutory cause of action, the Court found, had several counterparts in the common law, all of which involved a right to trial by jury. In the latter case, the plaintiff had argued that the Amendment was inapplicable to new causes of action created by congressional action, but the Court disagreed. ‘The Seventh Amendment does apply to actions enforcing statutory rights, and requires a jury trial upon demand, if the statute creates legal rights and remedies, enforceable in an action for damages in the ordinary courts of law.’ From http://www.gpoaccess.gov/constitution/html/amdt7.html
767. 1 “No Trial by Jury in Tax Court. Despite Sixth and Seventh Amendment guarantees of trial by jury, the federal tax system carefully sidesteps such protections. To contest an IRS tax calculation prior to assessment, one must file a petition in the U.S. Tax Court. But since this is an administrative court, not an Article III court, no jury trial is required. To obtain a jury trial and related rights for civil tax cases, one must file suit in a U.S. District Court. But before that can happen, the alleged tax, penalties, and interest must be paid in full. And if the citizen wins, there is a burdensome route to retrieving the disputed money. For most people, those rules effectively eliminate the right to trial by jury in tax cases.” From http://www.livefreenow.org/content/view/102/159/ (Cato Institute)
768. 1 The amendment does not apply to cases in admiralty and maritime jurisdiction, in which the trial is by a court without a jury, nor does it reach statutory proceedings unknown to the common law, such as an application to a court of equity to enforce an order of an administrative body. Thus, when Congress committed to administrative determination the finding of a violation of the Occupational Safety and Health Act with a discretion to fix a fine for a violation, the charged party being able to obtain judicial review of the administrative proceeding in a federal court of appeal and the fine being collectible in a suit in federal court, the argument that the absence of a jury trial in the process for a charged party violated the Seventh Amendment was unanimously rejected, “At least in cases in which ‘public rights’ are being litigated, e.g., cases in which the Government sues in its sovereign capacity to enforce public rights created by statutes within the power of Congress to enact the 7th Amendment does not prohibit Congress from assigning the fact finding function and initial adjudication to an administrative forum with which the jury would be incompatible.” http://supreme.justia.com/constitution/amendment-07/05-cases-at-common-law.html
769. 1 SECUNDUM SUBJECTAM MATERIEM. “According to the subject matter in hand. In the interpretation of deeds words have often to be understood in their popular rather than technical sense and the language interpreted secundum subjectam materiem, particular expressions being referred to the particular subject matter of the argument.” http://tinyurl.com/3tp2l6y
770. 1 “Lex Scripta is a Latin term which means written law or statutes. Common law is an example of Lex Scripta. It refers to statutes or acts of parliament which, in their original formation are reduced to writing, and are so preserved in their original form, and in the same style and words wherein they were first made.The term originates from the Roman legal tradition. http://http://definitions.uslegal.com/l/lex-scripta/
Lex Non Scripta is a Latin expression that refers to law that is not written or unwritten law. It is composed of the law of nature, the law of nations, the common law, and customs. It includes all laws that do not come under the definition of Lex Scripta.” http://http://definitions.uslegal.com/l/lex-non-scripta/
771. 1 Bergh 16:82. (1824); THE REAL THOMAS JEFFERSON, p. 372
772. 1 FAMILIAR EXPOSITION §400 @ http://tinyurl.com/3n4mqbu
773. 1 FAMILIAR EXPOSITION §400 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
774. 1 NEMO TENEBATUR PRODERE SEIPSUM. “No one was obliged to betray himself.” http://tinyurl.com/3epxjg2
775. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendVIIIs4.html
776. 1BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendVIIIs4.html
777. 1 In criminal law. “An article stolen, when found in the hands of a thief. A thief [so caught] is said to be . . . ‘with the mainour’.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
778. 1 DE EXCOMMUNICATO CAPIENDO. “A writ commanding the sheriff to arrest one who was excommunicated and imprison him till he should become reconciled to the church.” 3 Bl Comm. 102. http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
779. 1 MITTIMUS. In English law. “’We send’. A writ used for transferring records from one court to another.” http://tinyurl.com/7vmmyrz
780. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendVIIIs4.html; “Custodes poenam sibi commissorum non augeant, nec eos torqueant; sed omni saevitia remota, pietateque adhibita, judicia debite exequantur.” [“Let not jailers torture or add to the punishment of those entrusted to their keeping; but let the sentence of the law be duly yet mercifully executed.”] http://ebooks.adelaide.edu.au/b/blackstone/william/comment/book4.22.html
781. 1 Liber homo non amercietur pro parvo delicto, nisi secundum modum ipsius delicti; et pro magno delicto, secundum magnitudinem delicti; salvo contenemento suo: et mercator eodem modo, salva mercandisa sua; et villanus eodem modo amercietur, salvo wainagio suo .” [“A free man shall be amerced for a small offence, only according to its measure; and for a great offence, only according to its magnitude, saving his land; and the merchant in the same manner, saving his merchandise; and a villein shall be amerced in the same manner, saving his wainage.”] http://ebooks.adelaide.edu.au/b/blackstone/william/comment/book4.29.html
782. 1 SIT IN MISERICORDIA. “Let him be at the mercy.” http://tinyurl.com/3zltp87
783. 1 PONO. to put down, set down, put, place, set, fix, lay, deposit. PONATUR. verb 3rd sg pres subj pass. http://tinyurl.com/3d5xxwa
784. 1 QUANTUM INDE REGI DARE VALEAT PER ANNUM, SALVA SUSTENTATIONE SUA, ET UXORIS, ET LIBERORUM SUORUM. “How much he could pay a year to the king saving his maintenance and the maintenance of his wife and children.” http://tinyurl.com/3rb6psr
785. 1 QUI NON HABET IN CRUMENA LUAT IN CORPORE. “He who has nothing in his purse must pay the penalty with his body.” http://tinyurl.com/4xy6q5l
786. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendVIIIs4.html
787. 1 BL. COMMENTARIES from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/amendVIIIs4.html
788. 1 SECOND TREATISE, §8 @ http://www.constitution.org/jl/2ndtr02.htm
789. 1 We now incorporate into the basic power grants the general lawmaking power of ART. I, §8, CL. 18, the “necessary and proper” clause, the reason being that will more accurately state congress’s jurisdiction. For example, with the taxing power, congress has only legislative or lawmaking jurisdiction to direct the president and the executive branch to impose and collect taxes—it cannot lay and collect taxes itself—the president does that through the IRS. Therefore it is more accurate to say that “congress shall have power . . . to enact necessary and proper laws to lay and collect taxes” rather than
“congress shall have power . . . to lay and collect taxes”. As H said in FEDERALIST 33: “What is the power of laying and collecting taxes, but a legislative power, or a power of making laws, to lay and collect taxes? What are the proper means of executing such a power but necessary and proper laws?”
790. 1 This power, as we shall see later on, may be misleadingly stated in the way we have. “General welfare and common defense” are not themselves purposes for which taxes may be imposed, but only descriptive of other enumerated purposes for which taxes may be levied. Thus the taxing power is much narrower than the above language might suggest. We will redraw the taxing power into final form in Chapter Fifteen.
791. 1 297 U.S. 233 (1936) @ http://laws.findlaw.com/us/297/233.html
792. 1 460 U.S. 575 (1983) @ http://laws.findlaw.com/us/460/575.html
793. 1 481 U.S. 221 (1987) @ http://laws.findlaw.com/us/481/221.html
794. 1 See Alschuler, Albert W., “Fourth Amendment Remedies: The Current Understanding”, THE BILL OF RIGHTS—ORIGINAL MEANING AND CURRENT UNDERSTANDING, p. 197.
795. 1 Due process requires notice and an opportunity to be heard before one’s property is taken. When IRS seizes a taxpayer’s property in a so-called jeopardy assessment, which is done without prior notice or an opportunity to be heard, that would seem to violate the due process clause, though the courts have long held otherwise. See Murray’s Lessee v. Hoboken Land & Improvement Co., 18 How. (59 U.S.) 272 (1856) @ http://laws.findlaw.com/us/59/272.html. I wonder also whether federal withholding taxes don’t implicate the due process clause; those taxes are taken for as much as a year (or longer depending on when the return is filed) before the legitimacy of the taking is established by calculating the actual tax liability. The taxpayer in the meantime loses the time value of his money.
796. 1 Providing a right to a jury trial in civil tax cases, a right presently not recognized in practice. See Wickwire v. Reinecke, 275 U.S. 101 (1927) @ http://laws.findlaw.com/us/275/101.html
797. 1 This is the effect of the 9th Amendment, which, as we saw above, operates as a guarantee for individuals that the government sticks only to the enumerated powers and doesn’t invade the sphere of private right. Thus taxes for purposes beyond the enumerated powers are unconstitutional—e.g., a federal baseball tax, or other federal taxes spent on unconstitutional programs.
798. 1 The 10th Amendment operates in the same sort of way as the 9th, but to protect states against federal usurpations. Thus federal taxes to carry out government programs that only states may undertake would violate the 10th—e.g., federal taxes to pay for Milwaukee police or fire—lawful public purposes, but only if undertaken by states.
799. 1 WRITINGS OF JAMES MADISON, G. Hunt Ed., Philadelphia (1904) 271-73 @ http://www.constitution.org/jm/17881017_bor.htm See also ST. COMMENTARIES §1898 @ http://www.constitution.org/js/js_344.htm
800. 1 Jefferson presented Madison with the argument that a bill of rights would afford a legal check which it puts in the hands of the judiciary.” See http://press-pubs.uchicago.edu/founders/documents/v1ch14s49.html
801. 1 1 Annals of Congress 439 (1789); http://memory.loc.gov/ll/llac/001/0200/02270449.tif
802. 1 “Limited Government and Individual Liberty: The Ninth Amendments Forgotten Lessons”, THE BILL OF RIGHTS, ORIGINAL MEANING AND CURRENT UNDERSTANDING, p. 419 @ http://tinyurl.com/426hssz
803. 1 United Public Workers v. Mitchell, 330 U.S. 75, (1947). http://laws.findlaw.com/us/330/75.html
804. 1 ST. COMMENTARIES §1898 @ http://www.constitution.org/js/js_344.htm.
805. 1 OXFORD COMPANION @ http://www.answers.com/topic/amendment-ix-to-the-u-s-constitution
806. 1 OXFORD COMPANION @ http://www.answers.com/topic/amendment-ix-to-the-u-s-constitution
807. 1 OXFORD COMPANION @ http://www.answers.com/topic/amendment-ix-to-the-u-s-constitution
808. 1 OXFORD COMPANION @ http://www.answers.com/topic/amendment-ix-to-the-u-s-constitution
809. 1 OXFORD COMPANION @ http://www.answers.com/topic/amendment-ix-to-the-u-s-constitution
810. 1 OXFORD COMPANION @ http://www.answers.com/topic/amendment-ix-to-the-u-s-constitution
811. 1 OXFORD COMPANION @ http://www.answers.com/topic/amendment-ix-to-the-u-s-constitution
812. 1 OXFORD COMPANION @ http://www.answers.com/topic/amendment-ix-to-the-u-s-constitution
813. 1 OXFORD COMPANION @ http://www.answers.com/topic/amendment-ix-to-the-u-s-constitution
814. 1 OXFORD COMPANION @ http://www.answers.com/topic/amendment-ix-to-the-u-s-constitution
815. 1 OXFORD COMPANION @ http://www.answers.com/topic/amendment-ix-to-the-u-s-constitution
816. 1 OXFORD COMPANION @ http://www.answers.com/topic/amendment-ix-to-the-u-s-constitution
817. 1 Barnett, RESTORING THE LOST CONSTITUTION, p. 269
818. 1 First Inaugural Address, Bergh 3:321. (1801); THE REAL THOMAS JEFFERSON, p. 433
819. 1 The Tenth Amendment was designed “to put the obvious beyond peradventure”, says Professor Berger. FEDERALISM: THE FOUNDERS’ DESIGN, University of Oklahoma, Norman, Ok. (1987), p. 80.
820. 1 Because there is a principle of concurrent state-federal jurisdiction, the statement in text should not be understood as suggesting that if the federal government has a power, the states are prohibited from exercising the same power. In FEDERALIST № 32, Hamilton explained the rules for determining when exclusive congressional jurisdiction exists under the affirmative grants of Art.1, §8:
But as the plan . . . aims only at a partial union or consolidation, the State Governments would clearly retain all of the rights of sovereignty which they before had, and which were not . . . exclusively delegated to the United States. This exclusive delegation, or rather this alienation, of State sovereignty, would exist only in three cases: where the Constitution in express terms granted an exclusive authority to the Union; where it granted in one instance an authority to the Union, and in another prohibited the states from exercising the like authority; and where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally contradictory and repugnant. http://www.constitution.org/fed/federa32.htm
Various examples of when states have concurrent power are discussed by Hamilton. Concurrent or shared federal-state jurisdiction can present rather tricky questions; but the questions are not terribly important, at least for our present purposes, it being the aim of this work not to show that states have been deprived of their concurrent role in matters of federal power, but that federal power has grossly expanded and abused. It serves no purpose to try to identify instances where states have been deprived of their
“rightful role” in the abuse of power. If there is no federal power, then there can be no concurrent state power either; the state power would be exclusive, if it existed at all.
821. 1 Article 1, §10, is the source of the limitations, except where otherwise noted.
822. 1 Letters of marque and reprisal are authorizations granted by one government to its own subjects “whenever [those] subjects . . . are oppressed and injured by those of another, and justice is denied by that state to which the oppressor belongs; and the party to whom these letters are granted may then seize the bodies or goods of the subjects of the state to which the offender belongs until satisfaction be made, wherever they happen to be found.” BLACK’S LAW DICTIONARY, 5th Ed. at 876.
823. 1 Bills of attainder are “special acts of the legislature [that] inflict capital punishments upon persons supposed to be guilty of high offenses . . . without any conviction in the ordinary course of judicial proceedings. If an act inflicts a milder degree of punishment than death, it is called a ‘bill of pains and penalties.'” BLACK’S LAW DICTIONARY, 5th Ed. at 116.
824. 1 An ex post facto law is a “law passed after the occurrence of a fact or commission of an act, which retrospectively changes the legal consequences or relations of such fact or deed.” BLACK’S LAW DICTIONARY, 5th Ed. at 520. The definition suggests that all ex post facto laws, civil or criminal, are barred. But in Calder v. Bull, 3 Dall. (3 U.S.) 386, 390 (1798), http://laws.findlaw.com/us/3/386.html, the supreme court held the provision doesn’t apply to civil statutes.
825. 1 13th Amendment.
826. 1 14th Amendment.
827. 1 15th, 19th, and 26th amendments.
828. 1 24th Amendment.
829. 1 The last line in Story’s book. FAMILIAR EXPOSITION §454 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
830. 1 ST. COMMENTARIES §1900 @ http://www.constitution.org/js/js_344.htm
831. 1 ST. COMMENTARIES §1901 @ http://www.constitution.org/js/js_344.htm
832. 1 Bergh 3:146. (1791); THE REAL THOMAS JEFFERSON, p. 354
833. 1 Bergh 15:448. (1823); THE REAL THOMAS JEFFERSON, p. 380
834. 1 Bergh 15:448. (1823); THE REAL THOMAS JEFFERSON, p. 434
835. 1 Kentucky Resolutions. Bergh 17:379 (1798), THE REAL THOMAS JEFFERSON, p. 635
836. 1 Kentucky Resolutions. Bergh 17:386 (1798), THE REAL THOMAS JEFFERSON, p.635
837. 1 Ford 10:190 (1821), THE REAL THOMAS JEFFERSON, p. 636
838. 1 Ford 10:263 (1823), THE REAL THOMAS JEFFERSON, p. 636
839. 1 Ford 10:300 (1824), THE REAL THOMAS JEFFERSON, p. 636
840. 1 Bergh 16:47 (1824), THE REAL THOMAS JEFFERSON, pp. 636-37
841. 1 Bergh 16:146 (1825), THE REAL THOMAS JEFFERSON, pp. 637- 38
842. 1 Bergh 17:442 (1825) THE REAL THOMAS JEFFERSON, p. 638
843. 1 James Monroe, Views of the President of the United States, http://press-pubs.uchicago.edu/founders/documents/amendXs8.html
844. 1 James Monroe, Views of the President of the United States, http://press-pubs.uchicago.edu/founders/documents/amendXs8.html
845. 1 James Monroe, Views of the President of the United States, http://press-pubs.uchicago.edu/founders/documents/amendXs8.html
846. 1 James Monroe, Views of the President of the United States, http://press-pubs.uchicago.edu/founders/documents/amendXs8.html
847. 1 James Monroe, Views of the President of the United States, http://press-pubs.uchicago.edu/founders/documents/amendXs8.html
848. 1 NEW VIEWS, pp. 294-96 @ http://www.constitution.org/jt/jtnvc.htm
849. 1 Bergh 2:162. (1782) THE REAL THOMAS JEFFERSON, p. 361
850. 1 Bergh 14:421. (1816); THE REAL THOMAS JEFFERSON, p. 636
851. 1 Ford 7:451. (1800); THE REAL THOMAS JEFFERSON, p. 361
852. 1 Ford 10:225. (1822); THE REAL THOMAS JEFFERSON, p. 361
853. 1 Bergh 16:152. (1826); THE REAL THOMAS JEFFERSON, p. 361
854. 1 Bergh 10:167. (1800); THE REAL THOMAS JEFFERSON, p. 432
855. 1 Bergh 15:332. (1821); THE REAL THOMAS JEFFERSON, p. 623
856. 1 Bergh 15:389. (1822); THE REAL THOMAS JEFFERSON, pp. 432-33
857. 1 To James Madison. Bergh 6:9. (1786); THE REAL THOMAS JEFFERSON, p. 377
858. 1 Bergh 6:227. (1787); THE REAL THOMAS JEFFERSON, p. 377
859. 1 NEW VIEWS, pp. 361-62 @ http://www.constitution.org/jt/jtnvc.htm
860. 1 I believe you will please to allow me two propositions: First, that we are a most loyal people; and, Secondly, that we are a free people, in the common acceptation of that word applied to a subject under a limited monarch. I know very well, that you and I did many years ago in discourse differ much, in the presence of Lord Wharton, about the meaning of that word liberty, with relation to Ireland. But if you will not allow us to be a free people, there is only another appellation left; which, I doubt, my Lord Chief Justice Whitshed would call me to an account for, if I venture to bestow: For, I observed, and I shall never forget upon what occasion, the device upon his coach to be Libertas et natale solum; at the very point of time when he was sitting in his court, and perjuring himself to betray both.[6]
[Footnote 6: On this motto of Whitshed’s Swift wrote the following poetical paraphrase:
“Libertas et natale solum: Fine words! I wonder where you stole ’em. Could nothing but thy chief reproach Serve for a motto on thy coach? But let me now thy words translate: Natale solum, my estate; My dear estate, how well I love it, My tenants, if you doubt, will prove it, They swear I am so kind and good, I hug them till I squeeze their blood. Libertas bears a large import: First, how to swagger in a court; And, secondly, to shew my fury Against an uncomplying jury; And, thirdly, ’tis a new invention, To favour Wood, and keep my pension; And, fourthly, ’tis to play an odd trick, Get the great seal and turn out Broderick; And, fifthly, (you know whom I mean,) To humble that vexatious Dean: And, sixthly, for my soul to barter it For fifty times its worth to Carteret. Now since your motto thus you construe, I must confess you’ve spoken once true.
Libertas et natale solum. You had good reason when you stole ’em.”
http://www.online-literature.com/swift/drapiers-letters/5/
861. 1 FEDERALIST № 45 @ http://www.constitution.org/fed/federa45.htm
862. 1 FEDERALIST № 45 @ http://www.constitution.org/fed/federa45.htm
863. 1 “In being made. * * * Legal proceedings are . . . in fieri until judgment is entered.” http://books.google.com/books/about/A_law_dictionary_containing_definitions.html?id=R2c8AAAAIAAJ
864. 1 FAMILIAR EXPOSITION §463 @ http://www.archive.org/stream/afamiliarexposi03storgoog/afamiliarexposi03storgoog_djvu.txt
865. 1 MADISON’S REPORT @ http://www.constitution.org/rf/vr_1799.htm
866. 1 MADISON’S REPORT @ http://www.constitution.org/rf/vr_1799.htm
867. 1 Kentucky Resolutions. Bergh 17:379. (1798); THE REAL THOMAS JEFFERSON, p. 430
868. 1 MADISON’S REPORT @ http://www.constitution.org/rf/vr_1799.htm
869. 1 MADISON’S REPORT @ http://www.constitution.org/rf/vr_1799.htm
870. 1 MADISON’S REPORT @ http://www.constitution.org/rf/vr_1799.htm
871. 1 MADISON’S REPORT @ http://www.constitution.org/rf/vr_1799.htm
872. 1 MADISON’S REPORT @ http://www.constitution.org/rf/vr_1799.htm
873. 1 MADISON’S REPORT @ http://www.constitution.org/rf/vr_1799.htm
874. 1 Kentucky Resolutions. Bergh 17:379. (1798) THE REAL THOMAS JEFFERSON, p. 431
875. 1 MADISON’S REPORT @ http://www.constitution.org/rf/vr_1799.htm
876. 1 MADISON’S REPORT @ http://www.constitution.org/rf/vr_1799.htm
877. 1 Kentucky Resolutions. Bergh 17:387. (1798); THE REAL THOMAS JEFFERSON, p. 345-46
878. 1 To Abigail Adams. Bergh 11:43. (1804) THE REAL THOMAS JEFFERSON, p. 619
879. 1 Kentucky Resolutions. Bergh 17:380. (1798); THE REAL THOMAS JEFFERSON, p. 381
880. 1 Kentucky Resolutions. Bergh 17:386. (1798); THE REAL THOMAS JEFFERSON, p. 431
881. 1 Kentucky Resolutions. Bergh 17:386. (1798); THE REAL THOMAS JEFFERSON, p. 635
882. 1 Kentucky Resolutions. Bergh 17:388. (1798); THE REAL THOMAS JEFFERSON, p. 382
883. 1 Article 1, §10, is the source of the limitations, except where otherwise noted.
884. 1 Letters of marque and reprisal are authorizations granted by one government to its own subjects “whenever [those] subjects are oppressed or injured by those of another, and justice is denied by that state to which the oppressor belongs; and the party to whom these letters are granted may then seize the bodies or goods of the subjects of the state to which the offender belongs until satisfaction be made, wherever they happen to be found.” BLACK’S LAW DICTIONARY, 5th Ed. at 876.
885. 1 Bills of attainder are “special acts of the legislature [that] inflict capital punishments upon persons supposed to be guilty of high offenses . . . without any conviction in the ordinary course of judicial proceedings. If an act inflicts a milder degree of punishment than death, it is called a ‘bill of pains and penalties.'” BLACK’S LAW DICTIONARY, 5th Ed. at 116.
886. 1 An ex post facto law is a “law passed after the occurrence of a fact or commission of an act, which retrospectively changes the legal consequences
or relations of such fact or deed.” BLACK’S LAW DICTIONARY, 5th Ed. at 520. The definition suggests that all ex post facto laws, civil or criminal, are barred. But in Calder v. Bull, 3 Dall. (3 U.S.) 386, 390 (1798) @ http://laws.findlaw.com/us/3/386.html, the supreme court held the provision doesn’t apply to civil statutes.
887. 1 13th Amendment.
888. 1 14th Amendment.
889. 1 15th, 19th, and 26th amendments.
890. 1 24th Amendment.
891. 1 FEDERALIST № 44 @ http://www.constitution.org/fed/federa44.htm
892. 1 ST. COMMENTARIES §1349 @ http://www.constitution.org/js/js_333.htm
893. 1 FEDERALIST № 44 @ http://www.constitution.org/fed/federa44.htm
894. 1 ST. COMMENTARIES §1350 @ http://www.constitution.org/js/js_333.htm
895. 1 FEDERALIST № 44 @ http://www.constitution.org/fed/federa44.htm
896. 1 ST. COMMENTARIES http://press-pubs.uchicago.edu/founders/documents/a1_10_1s23.html
897. 1 FEDERALIST № 44 @ http://www.constitution.org/fed/federa44.htm
898. 1 ST. COMMENTARIES §1352 @ http://www.constitution.org/js/js_333.htm
899. 1 ST. COMMENTARIES §1353 @ http://www.constitution.org/js/js_333.htm
900. 1 ST. COMMENTARIES §1354 @ http://www.constitution.org/js/js_333.htm
901. 1 ST. COMMENTARIES §1355. @ http://www.constitution.org/js/js_333.htm
902. 1 ST. COMMENTARIES §1356 @ http://www.constitution.org/js/js_333.htm
903. 1 ST. COMMENTARIES §1357 @ http://www.constitution.org/js/js_333.htm
904. 1 ST. COMMENTARIES §1357 @ http://www.constitution.org/js/js_333.htm
905. 1 ST. COMMENTARIES §1358 @ http://www.constitution.org/js/js_333.htm
906. 1 ST. COMMENTARIES §1359 @ http://www.constitution.org/js/js_333.htm
907. 1 ST. COMMENTARIES §1360 @ http://www.constitution.org/js/js_333.htm
908. 1 ST. COMMENTARIES §1361 @ http://www.constitution.org/js/js_333.htm
909. 1 ST. COMMENTARIES §1362 @ http://www.constitution.org/js/js_333.htm
910. 1 ST. COMMENTARIES §1363 @ http://www.constitution.org/js/js_333.htm
911. 1 ST. COMMENTARIES §1362 @ http://www.constitution.org/js/js_333.htm
912. 1 ST. COMMENTARIES §1364 @ http://www.constitution.org/js/js_333.htm
913. 1 ST. COMMENTARIES §1365 @ http://www.constitution.org/js/js_333.htm
914. 1 ST. COMMENTARIES §1366 @ http://www.constitution.org/js/js_333.htm
915. 1 FEDERALIST № 44 @ http://www.constitution.org/fed/federa44.htm
916. 1 Article 1, §9
917. 1 ST. COMMENTARIES §1367 @ http://www.constitution.org/js/js_333.htm
918. 1 FEDERALIST No. 44 @ http://www.constitution.org/fed/federa44.htm
919. 1 The powers included in the third class are those which provide for the harmony and proper intercourse among the States.
Under this head might be included the particular restraints imposed on the authority of the States, and certain powers of the judicial department; but the former are reserved for a distinct class, and the latter will be particularly examined when we arrive at the structure and organization of the government. I shall confine myself to a cursory review of the remaining powers comprehended under this third description, to wit: to regulate commerce among the several States and the Indian tribes; to coin money, regulate the value thereof, and of foreign coin; to provide for the punishment of counterfeiting the current coin and securities of the United States; to fix the standard of weights and measures; to establish a uniform rule of naturalization, and uniform laws of bankruptcy, to prescribe the manner in which the public acts, records, and judicial proceedings of each State shall be proved, and the effect they shall have in other States; and to establish post offices and post roads.
The defect of power in the existing Confederacy to regulate the commerce between its several members, is in the number of those which have been clearly pointed out by
experience. To the proofs and remarks which former papers have brought into view on this subject, it may be added that without this supplemental provision, the great and essential power of regulating foreign commerce would have been incomplete and ineffectual. A very material object of this power was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter. Were these at liberty to regulate the trade between State and State, it must be foreseen that ways would be found out to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter and the consumers of the former. We may be assured by past experience, that such a practice would be introduced by future contrivances; and both by that and a common knowledge of human affairs, that it would nourish unceasing animosities, and not improbably terminate in serious interruptions of the public tranquillity. To those who do not view the question through the medium of passion or of interest, the desire of the commercial States to collect, in any form, an indirect revenue from their uncommercial neighbors, must appear not less impolitic than it is unfair; since it would stimulate the injured party, by resentment as well as interest, to resort to less convenient channels for their foreign trade. But the mild voice of reason, pleading the cause of an enlarged and permanent interest, is but too often drowned, before public bodies as well as individuals, by the clamors of an impatient avidity for immediate and immoderate gain.
The necessity of a superintending authority over the reciprocal trade of confederated States, has been illustrated by other examples as well as our own. In Switzerland, where the Union is so very slight, each canton is obliged to allow to merchandises a passage through its jurisdiction into other cantons, without an augmentation of the tolls. In Germany it is a law of the empire, that the princes and states shall not lay tolls or customs on bridges, rivers, or passages, without the consent of the emperor and the diet; though it appears from a quotation in an antecedent paper, that the practice in this, as in many other instances in that confederacy, has not followed the law, and has produced there the mischiefs which have been foreseen here. Among the restraints imposed by the Union of the Netherlands on its members, one is, that they shall not establish imposts disadvantageous to their neighbors, without the general permission.
The regulation of commerce with the Indian tribes is very properly unfettered from two limitations in the articles of Confederation, which render the provision obscure and contradictory. The power is there restrained to Indians, not members of any of the States, and is not to violate or infringe the legislative right of any State within its own limits. What description of Indians are to be deemed members of a State, is not yet settled, and has been a question of frequent perplexity and contention in the federal councils. And how the trade with Indians, though not members of a State, yet residing within its legislative jurisdiction, can be regulated by an external authority, without so far intruding on the internal rights of legislation, is absolutely incomprehensible. This is not the only case in which the articles of Confederation have inconsiderately endeavored to accomplish impossibilities; to reconcile a partial sovereignty in the Union, with complete sovereignty in the States; to subvert a mathematical axiom, by taking away a part, and letting the whole remain. FEDERALIST No. 42 http://www.constitution.org/fed/federa42.htm
920. 1 FEDERALIST No. 44 @ http://www.constitution.org/fed/federa44.htm
921. 1 Amendments 13, 15, 19, and 26.
922. 1 FEDERALIST №. 47 @ http://www.constitution.org/fed/federa47.htm
923. 1 FEDERALIST №. 47 @ http://www.constitution.org/fed/federa47.htm
924. 1 FEDERALIST №. 47 @ http://www.constitution.org/fed/federa47.htm
925. 1 FEDERALIST №. 47 @ http://www.constitution.org/fed/federa47.htm
926. 1 FEDERALIST №. 47 @ http://www.constitution.org/fed/federa47.htm
927. 1 FEDERALIST №. 47 @ http://www.constitution.org/fed/federa47.htm
928. 1 FEDERALIST №. 47 @ http://www.constitution.org/fed/federa47.htm
929. 1 ST. COMMENTARIES §1410 from FOUNDERS’ CONSTITUTION @ http://press-pubs.uchicago.edu/founders/documents/a2_1_1s23.html
930. 1 FEDERALIST №. 48 @ http://www.constitution.org/fed/federa48.htm
931. 1 FEDERALIST № 48 @ http://www.constitution.org/fed/federa48.htm
932. 1 To John Adams. Ford 4:454. (1787); THE REAL THOMAS JEFFERSON, p. 460
933. 1 Bergh 8:276. (1791); THE REAL THOMAS JEFFERSON, p. 622
934. 1 Ford 5:369. (1791); THE REAL THOMAS JEFFERSON, p. 606
935. 1 Bergh 15:332. (1821); THE REAL THOMAS JEFFERSON, p. 623
936. 1 Bergh 15:450. (1823); THE REAL THOMAS JEFFERSON, p. 623
937. 1 THE REAL THOMAS JEFFERSON p. 361. See http://press-pubs.uchicago.edu/founders/documents/v1ch10s9.html
938. 1 Bergh 14:421. (1816); THE REAL THOMAS JEFFERSON, pp. 625-26
939. 1 THE CONSTITUTION, ANALYSIS AND INTERPRETATION, p. xvii (1982 Ed.)
940. 1 TWO TREATISES §141 @ http://www.constitution.org/jl/2ndtr11.htm

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