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The English
Constitution, John Louis De Lolme (1771) — Discusses separation of
powers, the jury system, and habeas corpus. Purchase Links for the Liberty Library — Convenient links to purchase print editions of our online works. Letters of Marque and Reprisal — Collection of historical examples with analysis. Militia Reading —
Published works that discuss matters related to the constitutional militia and the constitutional militia movement. United States v. Fenwick, 25 F. Cas. 1062 (1836); 4 Cranch C.C.
675 — Defense in criminal trial has right to argue law before jury until bench rules on motion. Stettinius v. United States, 22 F. Cas. 1322 (1839); 5 Cranch C.C.
573 — Defense in criminal trial has right to argue law before jury until bench rules on motion. Addressing the Constitutionality of the Independent Counsel Statute: Executive Control over Criminal Law Enforcement: Some Lessons from History, Harold J. "Hal" Krent, 38 Am. U.L. Rev. 275, Winter, 1989, — Interesting review of private criminal prosecutions in history. Revenue Act of 1942 — This was what first introduced withholding "tax" on wages. Social Security Act of 1935 — Compare to the present system. The Law That Always Was, Vern Holland (1987) — Treatise on the legitimacy of the income tax. Works of James Wilson
(1804) — Includes "Lectures on Law, 1790-1792" and other writings of the Pennsylvania delegate to the Constitutional Convention. A brief disquisition of the law of nature, according to the principles laid down in the reverend Dr. Cumberland's (now Lord Bishop of Peterborough's) Latin treatise on that subject. As also his considerations of Mr. Hobbs's principles put into another method., James Tyrrell (1692) — Disquisition on natural law theory. Internal Revenue Code — 26 USC, as of January 1, 2002. Martyrdom of King Charles I, W. Delavne (1703) — Sermon
before House of Commons. Comments on some of the constitutional issues involved in the trial
and execution of that monarch. Presumption of Nonauthority and Unenumerated Rights, by Jon Roland, Begun November 6, 2005, in progress. Britton, (written ~1290, printed ~1530) — Abridged, updated, more readable, and more widely used codification based on Bracton, originally in the French of the English court, reflecting changes in the law, including changes in juries. Is Codification of the Law Expedient?, by William B. Hornblower. Address delivered before the American Social Science Association (Department of Jurisprudence) at Saratoga, N.Y., September 6, 1888. — Discussion of debate over whether and how to adopt statutes that codify common-law judicial precedents. The Trial of Thomas Paine for a Libel, Thomas Paine. (1792) — British government prosecuted Paine for publishing Rights of Man. 
Mansfieldism Reconsidered, by Jon Roland — Review of evidence for arguing law in the presence of the jury. Address on Libels, Case of John Horne, John Horne Tooke. (1777) — Criticism of indictment by information, rather than by grand jury. May have contributed to requirement for grand juries in U.S. Bill of Rights. Observations on the Trial by Jury, Attributed to John Longley. (1815) — Commentary on the role of the jury in Britain, reflecting the gain of the Mansfieldian movement. Observations on the Trial by Jury, Anonymous. (1803) — Advice to the Pennsylvania Legislature on the role of the jury. The Trial of Thomas Hardy for High Treason. (1794) Provides insight into the practice of law in England and the interplay of conflicting political forces. The Case, Trevett against Weeden, for refusing Paper Bills in Payment. (1787) This legal tender action may have inspired the prohibition in the U.S. Constitution of states making anything but gold or silver legal tender. The Trial at Large, ... In the Nature of a Quo Warranto, Against Mr. Thomas Amery, , ... of the City of Chester. (1786) This quo warranto action was submitted for decision by a jury. The Trial of John Almon, Bookseller, ... For selling Junius's Letter. (1770) Publication of the Letters of Junius was prosecuted as a criminal libel of the English government. The Two Trials of John Fries for Treason. (1800) Provides insight into the practice of law in England and the interplay of conflicting political forces. A Complete Collection of State-Trials, and Proceedings For High-Treason, And Other Crimes And Misdemeanours; From the Reign of King Richard II to the Reign of King George II. in Six Volumes. The Present Practice of the Court of Common Pleas, Joseph Harrison. (1761) — Provides insight into the early practice of law. The Attorney's Practice in the Court of Common Pleas, Robert Richardson. (1778) — Provides insight into the early practice of law. The English Lawyer, showing the Nature and Forms of Original Writs, Processes, and Mandates, William Bohun. (1732) — Provides insight into the early practice of law. The Subject's Right of Petitioning, Anonymous.
(1703) — Provides insight into the original meaning of the right to petition. Tracts on Political and Other Subjects,
Joseph Towers (1796) — Followup on his earlier writings on the role of juries. Essays and Treatises on Moral, Political, and Various Philosophical Subjects, Emanual Kant (1798) — Includes some of Kant's lesser-known writings. Short Hints upon Levelling — A Charge to the Grand Jury of Middlesex, William Mainwaring. (1791) — Reveals Tory-Mansfieldian linking of jury rights to fears of property re-distribution. Considerations on the Respective Rights of Judge and Jury; Particularly upon Trials for Libel, John Bowles. (1791) — Leading exposition of the Mansfieldian movement to curtail the role of juries, which spread to the United States. A General Charge to All Grand Juries, and Other Juries, James Astry.
(1725) — Provides insight into the early role of juries. An Argument in Defence of the Exclusive Right Claimed by the Colonies to Tax Themselves, with a Review of the Laws of England, Relative to Representation and Taxation, to Which is Added, an Account of the Rise of the Colonies, and the Manner in which the rights of the subjects within the realm were communicated to those that went to America, with the exercise of those rights from their first settlement to the present time.
(1774) — Arguments of English members of Parliament who agreed with the protests of the American colonists. An Analysis of the Laws of England, William Blackstone.
(1762) — Commentary on early English law. The Miscellaneous Works of J. J. Rousseau (1774) — Includes Social Compact and A Project for a Perpetual Peace. The Dissertation of John Selden, Annexed to Fleta.
(1771) — Commentary on early English law. Appeal Brief in Matson v. Thomas, John Valentine
(1720) — Oldest known legal brief in British North America, got precedent that British colonists in North America had inherited the rights of Englishmen, laying the foundation for the American War of Independence. Selected Works of Edward Coke (~1628) — Commentary on English common and statutory law, including the Institutes and the Reports. Lives of the Noble Grecians and Romans, Plutarch (~75) — See especially the lives of Solon, Lycurgus, Pericles, Marcus Cato, and Cato the Younger. The Trial of John Peter Zenger, 1735. 17 How. 675. The jury
decided that truth was a defense against libel. U.S. Statutes at Large, partial collection, 1995-2004 U.S. Code, partial collection, 1926 Citizenship, U.S. War Department Training Manual 2000-25
(1928) — Civics textbook for training Army troops. Legal Research
by the use of Corpus Juris Secundum, Donald J. Kiser (1924) — Guide
for students of the law. The Elements of the Common Lawes of England, Francis Bacon (1630) — Treatise on English Common Law. An account of Denmark, as it was in
the year 1692, Robert Molesworth (1694) — Commentary on Denmark
that is really a commentary on constitutional issues in England. The American Manual, or, The Thinker, Joseph
Bartlett Burleigh (1854) — Civics textbook focusing on U.S.
Constitution. Inquiry into the Moral and Religious
Character of the American Government, H. W Warner (1838) —
Commentary on the relation between government and religious practices. Cooper Union Address, Abraham
Lincoln, February 27, 1860. United
States Constitution, Jon Roland. Entry in Encyclopedia of
Leadership, Vol. 4, Ed. George R. Goethals, Georgia J. Sorenson, &
James MacGregor Burns, Sage Publications, 2004. A Policraticus, John of Salisbury
(1159), various translations — Argued that citizens have the right to
depose and kill tyrannical rulers. The Mechanism of the Modern
State, John A.R. Marriott (1927) — An analysis of the British
system of government compared to other systems, especially those of ancient
Athens, Switzerland, and the United States. A Summary of the Law of Contracts, C. C.
Langdell. (1880) — Develops an interpretative approach to law based on
private (contract) law, from the formalist standpoint. A Brief Survey of Equity Jurisdiction
(Selections), C. C. Langdell. (1908) — Exposition from formalist
standpoint. A Treatise on the Conflict of Laws
(Selections from), Joseph H. Beale (1935) — The topic is developed with a
historical and theoretical perspective. The Nature of the Judicial Process, Benjamin
N. Cardozo (1921) — Discusses the debate between legal realists and
constitutionalists. If It's Not a Runaway, It's Not a Real Grand Jury,
Roger Roots, Creighton L.R., Vol. 33, No. 4, 1999-2000, 821 —
Examines constitutional issues involved in current practices involving grand
juries. George Mason's Master Draft of the Bill of
Rights, 1788 June 9. The Lost History of the Ninth Amendment:
The Lost Original Meaning, by Kurt Lash, Professor of Law and W. Joseph
Ford Fellow, Loyola Law School, Los Angeles, Feb. 2004. Woe Unto You, Lawyers, Fred Rodell, Professor
of Law, Yale University, 1939 — Criticizes the legal profession. The Constitution of the
United States, John Randolph Tucker (1899) — Commentary by the
grandson of the editor of Tucker's Blackstone. Are Cops Constitutional?, Roger Roots, Seton
Hall Constitutional L.J. 2001, 685 — Examines constitutional issues
involved in professional law enforcement. Losing Liberty Judicially, Thomas James
Norton (1928) — Examines how courts have gone along with departures from
original understanding.
Greek Ligatures — Tables of ancient
and medieval character combinations and abbreviations, useful for rendering
manuscripts into Greek fonts. De jure magistratuum (On the Rights of
Magistrates) (~1572) — Swiss Calvinist theologian argues that lower
level magistrates have duty to defend people from higher level
magistrates. On Misreading John Bingham and the Fourteenth
Amendment, Richard L. Aynes, Yale Law Journal, October, 1993, Page
57 — Argues that the Fourteenth Amendment was understood by its authors
and ratifiers as extending the jurisdiction of U.S. Courts over cases between a
citizen and his state over rights protected in the U.S. Constitution. A Treatise on American Citizenship, John S.
Wise (1906) — Discussion of the history and principles of various kinds of
citizenship. Liberty, Metaphor, and Mechanism: "checks
and balances" and the origins of modern constitutionalism, David Wootton
(2003). (In MS Word version, click on an endnote exponent to open the endnotes
frame.) The History of the Common Law of England,
Matthew Hale (1713) — Important reference for the Founders. The Path of the Law, Oliver Wendell Holmes, Jr., 10
Harvard Law Review 457 (1897) — Classic statement of the doctrine of legal
realism, that the "law" is what judges do, or can be expected to do, rather
than what is logically required from first principles or historic enactment of
black letter law. Journal of William Maclay — Maclay
served as senator from Pennslyvania from 1789 to 1791 and kept a private
journal of his experiences that is highly revealing. Evolving Complex Networks in Constitutional
Republics, by Jon Roland — Examines how changing network structures
can reveal how political and economic processes behave and misbehave. Fairfax County Resolves (1774) —
Developed the issues that led to the Declaration of Independence. Constitutional View of the Late War between the
States, Alexander Stephens (1868) — Vice-President of the
Confederacy explains why the war was fought. Abuse of Judicial Discretion, Jon Roland. Laws, Plato (~348 BCE) — Model
laws for a republic, including sortition and militia. A Short Treatise on Political Power,
John Ponet (1556) — Argues political power is limited by natural law, and
no ruler may exercise absolute power. Discourse on the Constitution and Government
of the United States, John C. Calhoun. Still the Law of the Land? —
Essays on Changing Interpretations of the Constitution. Forward by Forrest
McDonald. © 1987. Hillsdale College Press. An Essay on the Lacedæmonian
Government, Walter Moyle (1698) — How the Spartan constitution
given by Lycurgus inspired English political philosophers. Considerations on the Constitutionality of
the President's Proclamations, John Henderson (1854) — Commentary
on executive orders. Considerations on the Causes of the
Greatness of the Romans and their Decline, Charles Montesquieu (~1734)
— Historical analysis that laid the basis for his Spirit of Laws and Gibbon's Decline and Fall of
the Roman Empire. Lopez Speaks, Is Anyone Listening?, David
B. Sentelle — DC Circuit Justice reviews reception to U.S. v.
Lopez. 45 Loy. L. Rev. 541, Fall, 1999. Two Essays: On the Foundation of Civil
Government, On the Constitution of the United States, Thomas Cooper
(1826) — Commentary on constitutional theory. The Leveller Movement, Theodore
Calvin Pease (1916) — A study in the history and political theory of the
English Great Civil War. Three Human Rights in the Constitution of
1787, Zechariah Chafee, Jr. (1956) — Historical analysis of free
debate, prohibition of bills of attainder, and freedom of movement. Tucker's Blackstone — The
Commentaries on the Laws of England by William Blackstone was the
canonical codification of the Common Law, but it needed to be adapted to the
needs of the U.S. Constitution. This was done in 1803 by St. George Tucker, one
of the Founders, who republished the Commentaries, and added commentaries of
his own, making the needed adaptations. The Civil Law, tr. & ed. S. P.
Scott (1932) — Includes the classics of ancient Roman law: the Law of the
Twelve Tables (450 BCE), the Institutes of Gaius (180), the Rules of Ulpian
(222), the Opinions of Paulus (224), the Corpus Juris Civilis of
Justinian (533), which codified Roman Law, and the Constitutions of Leo. The Common Law, Oliver Wendell
Holmes, Jr. — Discussion of some but not all of the elements of the
Anglo-American common law. Nondelegation and the Administrative State —
Questions of the legitimacy of delegations of legislative powers to executive
branch agencies. Case of the Imprisonment of Edward Bushell,
for alleged misconduct as a Juryman, 1670. 22 Charles II. 6 How. 999. Having
failed to convict Penn, the prosecution sought to punish the jurors, but
failed, thereby establishing the right and duty of juries to judge the law as
well as the facts in criminal trials. The Trial of William Penn and William Mead,
at the Old Bailey, for a Tumultuous Assembly, 1670. 22 Charles II. 6 How. 951.
Established the right of religion. Principles of Constitutional
Interpretation, Jon Roland Sortition for Judges, by Jon Roland. The Sortition Option —
Articles and links on this method. Selected Works of Marchamont Nedham (~1650)
— English columnist comments on political issues of his era. Introduction to the Study of the Law of the
Constitution, Albert Venn Dicey (8th Ed., 1914) — Comparative
analysis of the constitutional orders of several nations, focusing on Britain.
Lex, Rex (The Law is King), Samuel
Rutherford (1644) — Theological arguments for the rule of law over the
rule of men. Texas Textbook Review —
Efforts to reform the ways textbooks are written. The General Principles of Constitutional Law
in the United States of America, Thomas M. Cooley (1891) —
Introduction by the leading constitutional scholar of his era. The Evolution of the Constitution of the
United States, Sydney George Fisher (1897). Traces each of the clauses
of the U.S. Constitution back to previous colonial, state and other government
documents. A Constitutional History of the United
States, Andrew McLaughlin (1936) — Perhaps the best single
textbook on the subject, winner of the 1936 Pulitzer Prize. State Documents on Federal
Relations, Herman V. Ames (1911) — Debates among the states on the
Constitution, 1789-1861. Construction Contrued and Constitutions
Vindicated, John Taylor (1820) — A commentary on some of the
misconstructions of the Constitution by the Marshall Court. Tyranny Unmasked, John Taylor
(1821) — An attack on the constitutionality of protective tariffs and
other violations of the original understanding of the Constitution, as seen by
the leading spokesman for the Jeffersonian "Old Republicans". A Healing Question, Sir Henry Vane (1656)
— He was tried for writing this in a famous trial that tested the right of
free speech. A Dissertation on the Nature and Extent of
the Jurisdiction of the Courts of the United States, Peter Stephen Du
Ponceau (1824) — Discusses the various kinds of jurisdiction, in
locum, in personam, and in subjectam materiam, and the limits
of the jurisdictions of each kind of court. A Brief View of the Constitution of the
United States, Peter Stephen Du Ponceau (1831) — Introduction to
the Constitution for students and foreigners. Union Now, Clarence K. Streit (1939)
— Classic treatise on international conflict and federalism. Discourse on Voluntary Servitude,
Étienne De La Boétie (1548, tr. Harry Kurz 1942) — People
are ultimately responsible for their servitude, and non-violent resistance can
win their freedom. A living constitution or fundamental
law?, Herman Belz (1998) — American constitutionalism in
historical perspective. Cato (A Tragedy in Five Acts), Joseph
Addison (prem. 1713) — Play about Cato the Younger, which inspired the
Founders, especially George Washington. The Student Council, Harry C. McKown
(1944) — Classic treatise on the subject that the webmaster used to draft
a student constitution in high school. First Principles, Herbert Spencer
(1862-99) — Spencer sets forth the fundamentals of his philosophic views.
Criminal Libel and the Duty of Juries,
Joseph Towers (1764, 1784), Francis Maseres (1792) — Three essays on the
right of defendants, especially in criminal libel cases, to have the jury
decide the law as well as the fact issues. The Elements of the Art of Packing, As
Applied to Special Juries, Particularly in Cases of Libel Law, Jeremy
Bentham (written 1809, published 1821) — Critical treatise on abuses of
the English jury system and ways to reform it, which provides a historical
background to practices that continue to this day. The first publisher in 1817
of excerpts from this work was prosecuted twice for doing so, and the second
three times, but in each attempt, juries acquitted them. Sources of the Constitution of the United
States, C. Ellis Stevens (1894) — Traces each of the key
provisions of the Constitution and Bill of Rights to their historical sources.
The Law of Treason in the United
States, James Willard Hurst (1945, 1971) — The Constitution
imposes strict limits on what can be punished and how it can be proven.
Hurst's Law of Treason, Introduction
by Jon Roland, Published in University of West Los Angeles Law Review,
Vol. 34, 2002. Conflict of Criminal Laws, Edward S.
Stimson (1936) — Jurisdiction for a criminal offense is limited to the
territory where the offender is when the offense is committed, not where the
effects occur. The New Organon (Novum Organum),
Francis Bacon (1620), tr. Spedding. et al. — Includes The Great
Instauration and Preparative toward a Natural and Experimental
History Discourses Concerning Government,
Algernon Sidney (1698) — Built principles of popular government from
foundation of natural law and the social contract. Patriarcha, Robert Filmer (1680)
— This defense of absolute monarchy provoked Locke and Sidney to write
their major works. The Constitutional Documents of the Puritan
Revolution: 1625-1660, Samuel Rawson Gardiner, ed. (1906) — The
English "commonwealth" led by Cromwell didn't endure, but many of its ideas
did. New Views of the Constitution of the
United States, John Taylor (1823) — A discourse on the
constitutional nature of the American union reflecting views of Jefferson and
Madison. Selected Political Writings of Voltaire,
(~1764) — Includes The Philosophy of History and A Treatise on
Toleration. De Republica Anglorum, Thomas Smith
(1565, 1583) — Written while he was ambassador to France, describes the
constitution of England under Elizabeth I in a way that indicates tendencies
toward republican ideals. The American Republic: its Constitution,
Tendencies, and Destiny, O. A. Brownson (1866) — Argument against
secession, distinguishes the constitution of government from the underlying
constitution of the society, and territorial from socialistic or egoistic
democracy. Utilitarianism, John Stuart Mill
(1863) — Ethical theory that formed the basis for his political theory.
Politica, Johannes Althusius (1614,
Abr. & tr. Frederick S. Carney) — First presented a comprehensive
theory of federal republicanism based on a covenantal model of human society.
Selected Political Works of John Milton
— Includes Areopagitica (1644), Tenure of Kings and
Magistrates (1649), and Defense of the People of England (1651).
Sources of English Constitutional History:
600-1937, Carl Stephenson & Frederick George Marcham (1937) —
Collection of the documents that define the English "constitution". The Origins of Modern
Constitutionalism, Francis D. Wormuth (1949) — Historical analysis
of the key constitutional concepts. The Elements of Law Natural and
Politic, Thomas Hobbes (1640) — Discussion of the natural law
foundations of government. The Law of War and Peace, Hugo
Grotius (1625) — Sets out principles of natural law and the laws of
nations. Against Writs of Assistance, James
Otis, 1761 February 24 Disquisition on Government, John C.
Calhoun (1831) Constitutionalism: Ancient and
Modern, Charles Howard McIlwain (1947) — Discourse on the origins
and development of constitution theory. The Principles of Morals and
Legislation, Jeremy Bentham (1781) — Introduced utilitarianism, to
provide a better theoretical foundation for penal statutory law than natural
law theory. Of Crimes and Punishments, Cesare
Beccaria (1764) — Set out rights of the accused in criminal proceedings.
Argues for crime prevention over punishment, and against the death penalty and
torture. Selected Works, Harvey Wheeler — Papers on
Francis Bacon and constitutional history and law. Intent of the Fourteenth Amendment was to
Protect All Rights, Jon Roland The Revival of Natural Law Concepts,
Charles Grove Haines (1930) — Review of natural law theory as the
foundation of constitutional law. The Principles of Natural and Politic
Law, J. Burlamaqui (1748, tr. Thomas Nugent 1752) — Commentary on
the natural law ideas of Grotius, Hobbes, Puffendorf, Barbeyrac, Locke, Clarke,
and Hutchinson. Points of Rebellion, by William O. Douglas
— Supreme Court justice reveals the breadth and depth of official
corruption and abuse of constitutional rights and limits on powers. Public Safety or Bills of Attainder?,
Jon Roland. Published in University of West Los Angeles Law Review, Vol.
34, 2002. Man the Reformer, Ralph Waldo Emerson
(1841). Pro Se Handbook — Local
copy of guide available from here. On the Duty of Man and Citizen According to
Natural Law, Samuel Pufendorf (1673, 1682 tr. Frank Gardner Moore)
— Based law and right on natural law. Art of War, Sun Tzu (475-221 BC)
— Maxims for military strategists. Plato Redivivus, Henry Neville
(1681) — Argued for limits on the powers of government. Selected Works of Thomas Jefferson —
Includes complete Writings of Thomas Jefferson, Albert Ellery
Bergh, ed., 19 vol. (1905). Selected Works of Walter Moyle, (~1696-1721,
pub. 1796) — Includes Constitution of the Roman State, a commentary
on English constitutional issues from a Whig perspective. Second Amendment Law Library —
Scholarly articles, federal and supreme court decisions, and legal briefs. Selected Works of the Levellers (1645-9)
— Militia leaders who sought legal reforms later sought by the American
Revolution and embodied in the U.S. Constitution and Bill of Rights. Includes
An Agreement of the Free People of England, an early attempt at a
republican constitution. Communist Manifesto, Karl Marx and
Friedrich Engels (1848) — Statement of their objectives. The Man versus the State, Herbert
Spencer (1884) — How the servants try to become the masters and majorities
become oppressive. The Doctrine of Fascism, Benito
Mussolini (1932) — Provided tyranny a formal doctrine. Utopia, Thomas More (1516) —
Satirical analysis of shortcomings of his society and a vision of what could
be. The Moral Equivalent of War, William
James (1906) — Seeks solution to problem of how to sustain political unity
and civic virtue without war or a credible threat. Selected Political Works of Richard Price
— Includes Civil Liberty (1776) and Importance of the American
Revolution (1784). Six Books of the Commonwealth, Jean
Bodin (~1590 tr. Richard Knolles 1606, tr. & abr. M.J. Tooley 1955) —
Originated modern ideas of sovereignty, the state, and
citizenship. Relectiones, Franciscus de Victoria
(lect. 1532, first pub. 1557) — Includes De Indis and De iure
belli, arguing for humane treatment of native Americans and of enemies in
war, providing the basis for the law of nations doctrine. Undermining the Constitution, Thomas
James Norton (1950) — Constitutional scholar examines departures from
constitutional compliance arising from New Deal. The Virginia Report, J.W. Randolph,
ed. (1850) — Documents and commentary arising out of the controversies
attending the Alien and Sedition Acts, including the Kentucky
Resolutions of 1798 and 1799 and the Virginia Resolution of 1798,
which set forth the "Doctrine of '98" concerning constitutional interpretation,
and led to the "Revolution of 1800", the dominance of the Jeffersonians, and
the demise of the Federalist Party. Art of War, Niccolò
Machiavelli (1520) — Argues for a strong militia system. Discourses on Livy, Niccolò
Machiavelli (1517) — Argues for the ideal form of government being a
republic based on popular consent, defended by militia. LaRosa Reports, by Benedict D. LaRosa —
Report on Ruby Ridge, Mt. Carmel, and Davidian trial. Votescam, by James & Kenneth Collier
— Report of investigation of vote fraud in the United States. Guide for
how to conduct such investigations. Documentary History of the Bill of Rights—
From the English Bill of Rights through the proposed amendments of the state
ratifying conventions to the drafts debated in Congress before adopting the
final version. Militia Treatises, James B. Whisker
— Standard references on the subject. Includes The Militia(1992)
and The American Colonial Militia (1997). A Defense of the Constitutions of Government
of the United States of America, John Adams (1787-89) — Argued for
a broad interpretation of national powers. Comprehensive collection of quotes
from political philosophers and historians that influenced the Founders. Perpetual Peace, Immanual Kant
(1795) — Further discussion of natural right and the plan for peace. Questions of Public Law, Cornelius
van Bynkershoek (1737) — Develops the law of nations and constitutional
(public) law beyond Grotius and Pufendorf. Federal Usurpation, Franklin Pierce
(1908) — Historical and constitutional analysis of how corruption,
zealotry, and incompetence combined to violate the Constitution. The Constitution of the United States: Its
History, Application, and Construction, Chapter 5: Legislative Powers,
Chapter 25: Police Power, David K. Watson (1910) — Comparison of the
powers of the national and state governments. Vindiciae Contra Tyrannos (Defense of
Liberty Against Tyrants), "Junius Brutus" (Orig. Fr. 1581, Eng. tr.
1622, 1689) — In 1683 it was ordered to be burned. Introduction to the Metaphysics of
Morals, Immanual Kant (1785), tr. W. Hastie (1785). Fundamental Principles of the Metaphysics of
Morals, Immanual Kant (1785), tr. Thomas Kingsmill Abbott (1785). Selected Writings of Thomas Paine —
Includes Common Sense (1776) and Rights of Man (1792). Selected Works of Edmund Burke —
Commentary on the American and French Revolutions and the political issues they
raised. The Law of Nations, Emmerich de
Vattel (1758) — Based constitutional and civil law on the law of nations.
The Grand Jury, George J. Edwards
(1906) — Classical treatise on the grand jury, unequalled to this day.
The New Atlantis, Francis Bacon
(1626) — Utopian vision of the new world. Constitutional Conventions, Roger
Sherman Hoar (1917) — Treatise on the way a body politic manifests its
sovereignty. A Discourse of Government with Relation to
Militias, Andrew Fletcher (1698) — Analyzes importance of the
militia to legitimate government, law enforcement, and national defense. Recent Changes in American Constitutional
Theory, John W. Burgess (1923) — Constitutional scholar surveys
departures from constitutional compliance from 1898 through 1920. Selected Works of
James Madison — Selected writings bearing on constitutional
interpretation. A Vindication of the Rights of
Women, Mary Wollstonecraft (1792) — Set forth the arguments for
women's rights. Mother of Mary Wollstonecraft Shelley, the author of
Frankenstein. An Essay on the History of Civil
Society, Adam Ferguson (1767) — The evolution of societies and
their forms of government. The Subjection of Women, John Stuart
Mill (1869) — Argues for full equality of women. | A David
Hoffman, The Oklahoma City Bombing and the Politics of Terror,
1998, Feral House Pr. Exposé of the Oklahoma City bombing. Manual of Parliamentary
Practice, Thomas Jefferson (1811). Invisible Contracts, by George Mercier
— Presents interesting theory of the legalistic fictions used by usurpers.
How to render documents — Short manual
on scanning printed documents and converting them into web pages. The Spirit of Laws, Charles de
Montesquieu, (1748, tr. Thomas Nugent 1752) — Laid the foundations for the
theory of republican government, particularly the concepts of the separation of
powers into legislative, executive, and judicial, a federal republic,
representatives elected from political subdivisions, a bicameral legislature,
and a system of checks and balances. The Commonwealth of Oceana, James
Harrington (1656) — Outline of a plan for republican government. The Social Contract, Jean Jacques
Rousseau (1762) — Discussed legitimate government as the expression of the
general will. A Discourse on Political Economy,
Jean Jacques Rousseau (1755) — Discussion on the economic principles
affecting the politics of a society. A Discourse on the Origin of
Inequality, Jean Jacques Rousseau (1754) — Discussion on political
inequality, its origins and implications. Political Treatise, Baruch de
Spinoza (1677) — Constitutional considerations of various forms of
government, including ideas that later influenced the Founders. A View of the Constitution, William
Rawle (1829) — Early commentary on the Constitution and how it should be
interpreted. Made point that the Bill of Rights also applied to the states,
something that would later be denied, then partially reassserted by the 14th
Amendment and the doctrine of (selective) incorporation. Code of Hammurabi (~1700 BCE) — Early
Mesopotamian legal code laid basis for later Hebraic and European law. The Debates in the Several Conventions on
the Adoption of the Federal Constitution, Jonathan Elliot (1836) —
A collection of documents, including proceedings of the ratifying state
conventions. Of the Original Contract, David Hume
(1748) — Discussed the balance between coercion and consent in actual
societies and their governments. Politics, Aristotle (350 BC) —
Laid out the alternative forms of government. Liberty Library of Constitutional Classics
— Gathers together links to the classic literature on constitutional
government, either already on this site or planned for the future. May be
offered on a CD-ROM. Commentaries on
American Law, by James Kent (1826) — Kent's Commentaries
succeeded Tucker's Blackstone by reformulating the relevant content of
Blackstone's Commentaries and integrating Common Law with Constitutional
Law up to that time. The complete 5-volume work is being converted. Here is
what has been converted so far. Commentaries on the Constitution of the
United States, by Joseph Story (1833) — Authoritative commentaries
by an early Supreme Court justice who helped shape interpretation of the
Constitution for the next century. The complete 3-volume work is being
converted. Here is what has been converted so far. Madison's Notes on the Debates in the
Federal Convention of 1787. These are the proceedings of the
Constitutional Convention held in Philadelphia. an essential guide to
interpreting the intent of the Framers. Freedom's Frontier — Atlantic
Union Now, by Clarence K. Streit — Classic treatise on
international conflict and federalism. Also see a Review by Jon Roland. Robert's Rules of Order
Revised — Online version of 1915 edition. Essential manual for
parliamentarians of deliberative assemblies. Oklahoma City Bombing, April 19, 1995
— Page devoted to this atrocity. Reports on possible exposure of the real
culprits. U.S. National Militia Directory —
Subsites for each state with links to local sites. The meaning of the phrase "well-regulated" in
the 2nd amendment, Brian T.
Halonen — Newsgroup posting. Law Dictionary, John Bouvier (1856).
Also available as two self-extracting executables: Part 1 and Part 2.
Let's Revive Private Prosecutions — by
Jon Roland. Calls for use of private prosecutors in cases of public corruption
and abuse where public prosecutors unwilling to prosecute. Brief on Private Prosecutions —
Provides cites for recent cases involving use of private prosecutors. U.S. Citizen Crime Prevention & Law
Enforcement Directory — Guide to neighborhood watch, cellular on
patrol, citizen police academy, and related programs. Talk/News Radio & TV Directory —
Keep the talk hosts informed on what is going on among reformers and
dissidents. Constitution Violated, Not Suspended
— Letter to Dr. Gene Schroder from Jon Roland, May 14, 1995. Is the Constitution Suspended? — Article from
The New American by Thomas A. Burzynski, Feb 5, 1996. Landmark U.S. Supreme Court Decisions
— Selected decisions with commentaties. Battle of Athens — Report of 1946
confrontation between militia of McMinn County, Tennessee, and corrupt local
officials. U.S. State Constitutions and Web Sites
— Directory of links to all 50 Web sites, some local copies of state
constitutions. National Constitutions — Collection of
links to national constitutions, both remote and local. Jurisdiction over Federal
Areas within the States — Report of the Interdepartmental
Committee for the Study of Jurisdiction over Federal Areas within the States
(1956).| Home | |
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