The Essentials of American Constitutional Law — John Shaqi
The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
Books on American constitutional law should be simple, comprehensive,
authoritative, and specially adapted to the conditions under which the
subject is pursued. In later years the subject is usually approached
through two books: a treatise on constitutional law, and a book
(collection) of leading cases illustrative of the principles involved.
The tendency is toward bulky volumes. Meanwhile other subjects than
constitutional law,—other branches of the law,—must be pursued.
Multiplicity of subjects is characteristic of the curriculum whether
at Law School or at College or University. Time is brief: studies
are many. The necessary result is concentration upon the essentials
of a subject,—careful isolation of its principles together with
familiarity with authoritative illustrations of their application.
This means a small, compact, authoritative book on the subject. There
are few principles,—there are innumerable applications of them. Values
are twofold,—perception of the principle, and understanding of its
application. The question is not “What principle?” but rather, “What
application?” Thus the student of law may wisely be led to consider, to
weigh, to study the great or the leading application of a principle:
that is, he is properly directed to the important decisions of the
Courts of Law. In America, these decisions are handed down by the
Supreme Courts of States and the Supreme Court of the United States.
From these decisions the principles of our constitutional law may be
derived. Great writers, like Hamilton, Madison, Kent, Story, or Cooley,
must be listened to: but it is the Court of Law that speaks with
authority. Our great writers on constitutional law and our great judges
sitting as Courts of Law practically agree as to what comprise the
principles of our constitutional law.
Whether the principles of the law are reached by induction or by
deduction does not affect the principles. Judicial decisions illustrate
both methods of approach. Stated broadly,—a treatise on constitutional
law sets forth its principles and cites decisions as illustrations of
their application; a collection of cases provides many illustrations
from which the principles may be, or are, deduced. By combining the
treatise and the case-book (and the present volume may be used in
connection with any of the current “Collections” of “Leading Cases”)
the benefits of both methods,—deductive and inductive,—are realized.
Whether the two sorts of books are used together, or in succession,
must depend upon the time, the place, and the importance assigned to
the subject itself. Highly beneficial results have followed when a
first semester has been given to the treatise, and a second to the
cases, whether in a “Collection” (of which there are several of highest
value now in use), or in the original “Reports.”
Public-domain text, read in full here on John Shaqi.
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