Representation Without Documentation? Unlawfully Present Aliens, Apportionment, the Doctrine of Allegiance, and the Law

August 16, 2010

Patrick J. Charles, Representation Without Documentation? Unlawfully Present Aliens, Apportionment, the Doctrine of Allegiance, and the Law, 25 Brigham Young University Journal of Public Law 35 (2010)

 

In 1867, Judge Timothy Farrar published the first edition of the treatise entitled Manual of the Constitution of the United States of America (the Manual).1 A former law partner of Daniel Webster, judge of the New Hampshire Court of Common Pleas, and president of the New England Historical and Genealogical Society, Farrar was a well respected legal figure in the nineteenth century.2 Charles Sumner described Farrar’s treatise as correcting “false interpretations” of the Constitution and was convinced that the treatise would be “generally accepted.”3 Upon his death, an obituary claimed that Farrar’s treatise was what he was “best known” for as a jurist.4 Another stated it was “now an accepted text book.”5 Meanwhile, an obituary published in the Boston Daily Advertiser described it as being “regarded by jurists and lawyers as the most exhaustive work on the principles and intent of the Constitution.”6

 

In fact, Farrar’s constitutional treatise was so well read that read more.

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