Liberty, Order, And Justice by James McClellan

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By James McClellan

American Founding and structure

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And Blackstone’s classic, which is still being reprinted today, has generally been accepted as the best exposition of that law. Prominent American lawyers such as James Iredell of North Carolina, who later served on the Supreme Court of the United States, and John Dickinson of Pennsylvania (and later Delaware), who received his legal training in England and was a delegate to the Federal Convention, were also acquainted with the judicial opinions and legal writings of Blackstone’s predecessor—the great Sir Edward Coke (pronounced Cook).

Hamilton, Jay, and Madison, the authors of The Federalist, wrote in the name of Publius, a reference to Publius Valerius Publicola, the ancient Roman famous for his defense of the Roman Republic. Three important political concepts drawn by the Americans from the Roman experience were the doctrines of republicanism, political virtue, and checks and balances. Though theoretically a republic would be any form of government other than a monarchy, it was generally understood by Americans to mean a government in which the people were sovereign.

They had been reared on the King James version of the Bible, and at least half of them—being Episcopalians—were well acquainted with the Book of Common Prayer. They also respected the les- The Lamp of Experience 13 sons of history and were strongly influenced by historical, legal, and constitutional precedents, both foreign and domestic. They had read a good deal of law and history. ’’ But they were not alienated closet-philosophers trying to found a perfect society or utopian paradise, for they were keenly aware of man’s imperfections as well as his strengths.

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