Joseph Story and the American Constitution: A Study in Political and Legal Thought

by James McClellan

Joseph Story and the American A Study in Political and Legal Thought

Genres: Law, Biography

448 pages, Paperback

First published January 1, 1990

Reviews

[Charles Gonzalez · Rating 4 out of 5]

This book is rich, dense, detailed and extraordinary in its depiction of one of the most important men in this nation's development as a constitutional republic. As the author states on many occasions, Judge Story plays second fiddle to the towering presence of Chief Justice John Marshall. McClellan's aim is to separate the two, and focus on what made Story unique and in his view, the greater jurist and architect of American constitutional development. The author does an excellent job of articulating and proving with exquisite detail the origin, development and flowering of Judge Story's judicial power.
The book is densely packed with legal discussions, philosophical foundations of natural law and is a massively footnoted work that draws the reader to explore the nooks and crannies of Story's life and professional career. Story is a controversial figure in the American political framework. Many consider him a throwback, conservative to a fault, an acolyte of Burke whose fundamental belief in his religious framework for natural law makes him an outcast in an American political system based on the natural rights philosophies of Jefferson, Madison, et al. Well, I do have an argument with Story on that part of his system, however to relegate him to the backwaters of American history is to do an injustice as McClellan make clear via a rigorously detailed presentation and explanation of Story' s complete judicial and philosophical foundation.
This book is a must for anyone truly interested in gaining a better understanding of the origins of the American judicial and constitutional tradition.