Volume 1: Major Themes by Ralph Lerner, Philip B. Kurland, Volume 2: The Preamble Through Article 1, Section 8, Clause 4 by Ralph Lerner, Philip B. Kurland, Volume 3: Article 1, Section 8, Clause 5, Through Article 2, Section 1 by Ralph Lerner, Philip B. Kurland, Volume 4: Article 2, Section 2, Through Article 7 by Ralph Lerner, Philip B. Kurland, Volume 5: Amendments I Through XII by Ralph Lerner, Philip B. Kurland,
Philip B Kurland was the William R Kenan Jr Distinguished Service Professor in the College and Professor in the Law School, University of Chicago. Ralph Lerner is the Benjamin Franklin Professor in the College and Professor in the Committee on Social Thought, University of Chicago.
The editors were famous law professors on the Midway in Chicago.
This set of books is a remarkable achievement in legal scholarship.
It was originally published by the University of Chicago Press.
Liberty Fund now makes it available in a large format (81/2"x11"),
soft cover edition at a reasonable price. We applaud this publisher
for this republication of such a significant resource.
The editors modestly describe this compilation as "the thoughts,
opinions, and arguments of the Founders." Volumes Two, Three, and
Four are devoted to the seven articles of the original
Constitution, considered clause by clause. Volume Five covers the
Bill of Rights and Amendments XI and XII. Volume One is organized
by "major themes," such as rights and separation of powers. For
example, the chapter on federal versus consolidated government
contains an introduction and 44 entries. The chapter introductions
throughout the first volume are succinct, insightful, and rather
well-written.
The sheer variety of material is noteworthy. The entries on
federalism include a typically comprehensive range of items:
Montesquieu's Spirit of Laws, letters from George Mason, James
Wilson, and James Madison, pamphlets, several portions of the
Federalist papers, and a long quote from Thomas Jefferson's
Autobiography. Many sources are known to lawyers, at least by
identity of author if not by study of the text: Edmund Burke, David
Hume, William Blackstone, James Kent, Joseph Story, Niccolo
Machiavelli, John Jay, Thomas Paine, John Locke, John Marshall,
George Washington, and Abraham Lincoln.
For any appellate lawyer working on a Constitutional issue, this
set will be an invaluable research tool. We highly recommended this
publication to readers of this Journal.
Dennis Owens
Appellate Practice Journal
Summer 2004
Reprint of the 1987 U. of Chicago Press cloth edition. The five
volumes contain a collection of thoughts, opinions, and arguments
of the Founders. Readers seeking a general view of a question that
took the form of a phrase or clause in the Constitution can find
materials assembled under the article, section, and clause numbers
of that provision. Those seeking more information are referred to
other primary materials, some of which are included in volume 1,
which contains materials organized by theme. Volumes 2, 3, 4 and 5
address, respectively, Preamble through Article 1, Section 8,
Clause 4; Article 1, Section 8, Clause 5 through Article 2, Section
1; Article 2, Section 2, through Article 7; and Amendments I-XII.
Edited by Kurland (formerly of the U. of Chicago) and Lerner
(Committee on Social Thought, U. of Chicago).
Reference & Research Book News
February 2001
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