Commentaries on the Constitution of the United States by {author}: summary and why it matters

What it argues

Story, who sat on the Supreme Court from 1811 to 1845 and taught at Harvard, wrote the Commentaries to give students a systematic account of the Constitution's history and meaning. He begins with the colonial background and the Revolution and then goes clause by clause through the articles and amendments.

His approach relied on the text, the circumstances of its adoption and the debates, with frequent reference to The Federalist. He argued for a Union built by the people and not by the states as sovereign entities, which put him at odds with advocates of states' rights, and he defended broad powers for Congress under the Necessary and Proper clause and a strong federal judiciary.

The work was highly influential for the next generation, and a shorter version for students was widely used.

Why it matters

Originalists value the Commentaries as evidence of how an early generation read the document. Readers should not mistake it for a neutral account, because its nationalism is part of the debate over federalism.

About the author

Joseph Story (1779-1845) was appointed to the Supreme Court by James Madison in 1811 at the age of thirty-two, and remained a justice until his death. He also held a professorship at Harvard Law School from 1829, where he helped to build its reputation. He wrote opinions such as Martin v. Hunter's Lessee, and many treatises.

Who should read it

Law students, scholars and readers who like primary sources.