Joseph Story
Joseph Story (September18, 1779September10, 1845) was an American lawyer, jurist, and politician who served as an
associate justice of the Supreme Court of the United States from 1812 to 1845. He is most remembered for his opinions in ''
Martin v. Hunter's Lessee'' and ''
United States v. The Amistad'', and especially for his ''
Commentaries on the Constitution of the United States'', first published in 1833. Dominating the field in the 19th century, this work is a cornerstone of early American jurisprudence. It is the second comprehensive
treatise on the provisions of the U.S. Constitution and remains a critical source of historical information about the forming of the American republic and the early struggles to define its law.
Story opposed
Jacksonian democracy, saying it was "oppression" of property rights by republican governments when popular majorities began in the 1830s to restrict and erode the property rights of the minority of rich men. R. Kent Newmyer presents Story as a "Statesman of the Old Republic" who tried to be above democratic politics and to shape the law in accordance with the republicanism of
Alexander Hamilton and
John Marshall, and the New England
Whigs of the 1820s and 1830s, including
Daniel Webster. Historians generally agree that Story reshaped American law—as much or more than Marshall or anyone else—in a conservative direction that protected property rights.
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