TML Editor’s note: In presenting this internet version of Joseph Story’s 1833, Commentaries on the Constitution of the United States; with a Preliminary Review of the Constitutional History of the Colonies and States, Before the Adoption of the Constitution, for the Founders Corner Library, the editor has kept the original text and footnotes. He has, however, done due diligence, correcting errors which have crept into the text, comparing various online copies of the text to best remedy apparent transcription errors (though not found in every case, in which case the editor has either made a ‘best guess,’ or left the text as found). Some few paragraphs, where noted, have been split into two or more smaller paragraphs for easier reading and clarity. Story’s work, as uniquely formatted and edited, Copyright © 2015 -2021 Steve Farrell and Self-Educated American, otherwise, the copyright of the original text of Story’s work is held in the Public Domain.
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BY JOSEPH STORY, LL. D., Dane Professor of Law In Harvard University.
Book I: History of the Colonies
Chapter 1: Origin of the Title to Territories of the Colonies
Chapter 2: Origin and Settlement of Virginia
Chapter 3: Origin and Settlement of New England
Chapter 4: Massachusetts
Chapter 5: New Hampshire
Chapter 6: Maine
Chapter 7: Connecticut
Chapter 8: Rhode Island
Chapter 9: Maryland
Chapter 10: New York
Chapter 11: New Jersey
Chapter 12: Pennsylvania
Chapter 13: Delaware
Chapter 14: North and South Carolina
Chapter 15: Georgia
Chapter 16: General Review of the Colonies
Chapter 17: General Review of the Colonies (cont.)
BOOK II – HISTORY OF THE REVOLUTION AND OF THE CONFEDERATION
Chapter 1: History of the Revolution
Chapter 2: Origin of the Confederation
Chapter 3: An Analysis of the Articles of Confederation
Chapter 4: The Decline and Fall of the Confederation
Book III – The Constitution of the United States
Chapter 1: Origin and Adoption of the Constitution
Chapter 2: Objections to the Constitution
Chapter 3: Nature of the Constitution – Whether a Compact
Chapter 4: Who is the Final Judge or Interpreter in Constitutional Controversies
Chapter 5: Rules of Interpretation of the Constitution
Chapter 6: The Preamble
Chapter 7: Distribution of Powers
Chapter 8: The Legislature
Chapter 9: House of Representatives
Chapter 10: The Senate
Chapter 11: Elections and Meetings of Congress
Chapter 12: Privileges and Powers of Both Houses of Congress
Chapter 13: Mode of Passing Laws; Presidential Negative
Chapter 14: Powers of Congress: Taxes – by Joseph Story
Chapter 15: Power to Borrow Money and Regulate Commerce
Chapter 16: Power Over Naturalization and Bankruptcy
Chapter 17: Power to Coin Money and Fix the Standard of Weights and Measures
Chapter 18: Power to Establish Post Offices and Post-Roads
Chapter 19: Power to Promote Science and Useful Arts
Chapter 20: Power to Punish Piracies and Felonies
Chapter 21: Power to Declare War and Make Captures
Chapter 22: Power Over the Militia
Chapter 23: Power Over the Seat of Government and Other Ceded Places
Chapter 24: Powers of Congress: Incidental
Chapter 25: Incidental Powers – National Bank
Chapter 26: Powers of Congress – Internal Improvements
Chapter 27: Powers of Congress – Purchases of Foreign Territory – Embargoes
Chapter 28: Power of Congress to Punish Treason
Chapter 29: Power of Congress as to Proof of State Records and Proceedings
Chapter 30: Powers of Congress: Admission of New States, and Acquisition of Territory
Chapter 31: Powers of Congress – Territorial Government
Chapter 32: Prohibitions on the United States
Chapter 33: Prohibitions on the States
Chapter 34: Prohibitions on the State s – Impairing Contracts
Chapter 35: Prohibitions on the States – Tonnage Duties – Making War
Chapter 36: Executive Department – Organization of
Chapter 37: Executive: Powers and Duties
Chapter 38: Judiciary: Organization and Powers
Chapter 39: Definition and Evidence of Treason
Chapter 40: Privileges of Citizens—Fugitives—Slaves
Chapter 41: Guaranty of Republican Government – Mode of Making Amendments
Chapter 42: Public Debts: Supremacy of Constitution and Laws
Chapter 43: Oaths of Office—Religious Test—Ratification of Constitution
Chapter 44: Amendments to the Constitution
Chapter 45: Concluding Remarks