Day 8: Joseph Story

[A18]

http://en.wikipedia.org/wiki/Joseph_Story

Discuss. And someone PM Emsworth, and threaten to kill his dog if he doesn't start participating.

[Schmitz in 1972]

Generally a freedom fighter, more than a few of today's jurists could tremendously benefit from reading his Familiar exposition.

[Swing low, sweet chariot. Comin' for to carry me home.]

I love the story of Joseph.  He was the favorite son, rejected by his brothers, sent to the Gentiles, became Lord, saved Israel during a time of trouble lasting 7 years, revealed his identity of the Jews.

[A18]

Mr. Madison's Souter. He supported development of a strong federal common law, adhered to an almost knee-jerk brand of staunch nationalism, and his famous Commentaries on the Constitution of the United States were largely just a restatement of the Marshall Court's jurisprudence.

A lot of conservatives cite Story as an early proponent of originalism, but at the time almost everyone adhered to what is today dubbed the "original meaning" school of thought. For example, John Marshall in a little-noted dissenting opinion in Ogden v. Saunders: "Much ... has been said concerning the principles of construction which ought to be applied to the constitution of the United States. On this subject ... the Court has taken such frequent occasion to declare its opinion, as to make it unnecessary, at least, to enter again into an elaborate discussion of it. To say that the intention of the instrument must prevail; that this intention must be collected from its words; that its words are to be understood in that sense in which they are generally used by those for whom the instrument was intended; that its provisions are neither to be restricted into insignificance, nor extended to objects not comprehended in them, nor contemplated by its framers;--is to repeat what has been already said more at large, and is all that can be necessary."

And welcome back, Liberty! Long time, no see.