restricted access Notes
In lieu of an abstract, here is a brief excerpt of the content:

215 Introduction: Alexander Hamilton, Lawyer and Lawmaker 1. Hamilton, Law Practice, 1:47. 2. See Hamilton, “List of Books” (1773), in Hamilton, Papers, 1:42; Hamilton to Richard Varick, “Enclosure: Deficient Books of Mr. Hamilton’s Law Library” (June 16, 1795), in Hamilton, Papers, 18:378; Elkins and McKitrick, Age of Federalism, 97. For a complete list of Hamilton’s legal citations, see Hamilton, Law Practice, 1:853–867. 3. Staloff, Hamilton, Jefferson, Adams; Gould, Among the Powers of the Earth; Onuf and Onuf, Federal Union, Modern World. 4. Hamilton, “Notes” (June 18, 1787), in Papers, 4:184. 5. Burke, “Alexander Hamilton as a Lawyer,” 181. Burke, a graduate of Hamilton College’s class of 1893, identified three cases which “present Alexander Hamilton , the lawyer, as the defender of truth, the champion of justice, and the expositor of liberty,” and include People v. Levi Weeks (Court of Oyer and Terminer and General Gaol Delivery for the City and County of New York, 1800), the extended litigation involving merchant Louis Le Guen, and People v. Harry Croswell, 3 Johns. Cas. 337 (N.Y. Sup. Ct., 1804). 6. See Elizabeth Rutgers v. Joshua Waddington (N.Y. Mayors Ct., 1784); Hylton v. US, 3 U.S. (3 Dall.) 171 (1796); and People v. Croswell, 3 Johns. Cas. 337 (N.Y. Sup. Ct., 1804). 7. Kent, “Alexander Hamilton: Address,” 13; McDonald, Alexander Hamilton, 63. 8. Political scientists and the occasional legal scholar have also examined Hamiltonian constitutionalism, a topic that routinely includes the political science of Notes x 216 notes to pages 5–11 Publius (Hamilton’s shared pseudonym with James Madison and John Jay in the Federalist essays), the Hamilton–Jefferson divide over broad constitutional construction , the origins and development of judicial review, and sometimes Hamilton’s tax-clause advocacy in Hylton v. US as well as his freedom of the press arguments in People v. Croswell. See Konefsky, John Marshall and Alexander Hamilton; Finkelman , “Alexander Hamilton, Esq.”; Meyerson, Liberty’s Blueprint; Flaumenhaft, Effective Republic; Staloff, Hamilton, Jefferson, Adams; Federici, Political Philosophy of Alexander Hamilton; Staab, Political Thought of Justice Antonin Scalia. 9. See, e.g., Hurst, “Alexander Hamilton, Law Maker”; McCraw, Founders and Finance; Edling and Kaplanoff, “Alexander Hamilton’s Fiscal Reform”; Edling, “So Immense a Power”; Elkins and McKitrick, Age of Federalism, 107–131; Nelson, Liberty and Property; McCoy, Elusive Republic, 136–165; McDonald, Alexander Hamilton. 10. For scholarship on Hamilton’s political legacy, partisan disagreements, and foreign policy, see Wood, Empire of Liberty; Ellis, Founding Brothers, 48–80; Freeman , Affairs of Honor; Stourzh, Alexander Hamilton and the Idea of Republican Government; Harper, American Machiavelli. 11. For the details of Hamilton’s post-Cabinet career, refer to the scores of Hamilton biographies. Many biographies date from the nineteenth century, but select modern biographies include Miller, Alexander Hamilton: Portrait in Paradox; McDonald , Alexander Hamilton; Cooke, Alexander Hamilton; Kennedy, Burr, Hamilton , and Jefferson; Chernow, Alexander Hamilton; and Ferling, Jefferson and Hamilton. Also, for a survey of Hamilton’s popular reception, see Knott, Alexander Hamilton. 12. See, e.g., Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952). 13. Edmund Randolph, “Notes on the Common Law” (c. September 1799), written for Madison, Papers, 17:261–269. 14. See Dalzell, “Prudence and the Golden Egg” and “Taxation with Representation ”; Rao, National Duties. 15. For the classic works on common law reception, see Goebel, Antecedents and Beginnings, 116–118; Stoebuck, “Reception of English Common Law”; Reinsch, “English Common Law”; Goebel, “King’s Law and Local Custom” and “Common Law and the Constitution”; Brown, British Statutes in American Law. For modern legal debates about the nature and scope of English law in the early republic, see Hulsebosch, Constituting Empire; Hamburger, Law and Judicial Duty; Bilder, Transatlantic Constitution; Stoner, Common Law and Liberal Theory; Parker, Common Law, History, and Democracy; Pearson, Remaking Custom. 16. A vast literature contemplates the radical change—or lack thereof—that followed the Declaration of Independence. Some of the most important, as well as the most recent, work weighing in on this question includes Beard, Economic Interpretation ; Bailyn, Ideological Origins; Wood, Creation of the American Republic and Radicalism of the American Revolution; Reid, Constitutional History; Breen, Marketplace of Revolution. 17. See the “Case of the Duchy of Lancaster, at Serjeant’s Inn,” in Plowden, Com- notes to pages 11–19 217 mentaries, 213–214, pt. 1; Blackstone, Commentaries, “Of the King’s Prerogative,” bk. 1, ch. 7, 1:249; Kantorowicz, King’s Two Bodies. 18. Black, “Constitution of Empire.” 19. Hobson, Great...


pdf