Matthew Schafer
@matthewschafer.bsky.social
Adjunct law prof Fordham Law; Scholar focusing on the intellectual history of press freedom: http://shorturl.at/bhsv7; rare book collector
This is like how he dismisses the Statute of Northampton as too early to matter in the gun rights context but then relies on the statutes of scandalum magnatum from the same period as a basis to limit First Amendment speech rights...
September 2, 2025 at 4:07 PM
This is like how he dismisses the Statute of Northampton as too early to matter in the gun rights context but then relies on the statutes of scandalum magnatum from the same period as a basis to limit First Amendment speech rights...
No... he wouldn't be... inconsistent?!?!
September 2, 2025 at 4:03 PM
No... he wouldn't be... inconsistent?!?!
So while these books have seen better days, they are literally a part of US history. Tucker's Blackstone was a key resource for understanding how Americans viewed common law in the years following ratification. Masterly, Tucker adapted Blackstone's often anti-democratic work to a young republic.
August 29, 2025 at 3:21 PM
So while these books have seen better days, they are literally a part of US history. Tucker's Blackstone was a key resource for understanding how Americans viewed common law in the years following ratification. Masterly, Tucker adapted Blackstone's often anti-democratic work to a young republic.
Breckenridge had already served as the floor leader for Jeffersonians in Congress. Now he was the chief law enforcement officer in the Country. But, his term was cut short when, in 1806, he contracted tuberculosis.
August 29, 2025 at 3:21 PM
Breckenridge had already served as the floor leader for Jeffersonians in Congress. Now he was the chief law enforcement officer in the Country. But, his term was cut short when, in 1806, he contracted tuberculosis.
"Both it’s duties & it’s emoluments are too well known to you to render it necessary for me to particularize them. ... Hoping that in your patriotism, & perhaps in other circumstances you will find motives sufficient to induce you to become a part of our administration."
Breckenridge accepted.
Breckenridge accepted.
August 29, 2025 at 3:21 PM
"Both it’s duties & it’s emoluments are too well known to you to render it necessary for me to particularize them. ... Hoping that in your patriotism, & perhaps in other circumstances you will find motives sufficient to induce you to become a part of our administration."
Breckenridge accepted.
Breckenridge accepted.
Years later, in 1805, Jefferson asked Breckinridge to serve as his attorney general, writing: "The office of Attorney General for the US. being not yet permanently filled, I have an opportunity of proposing it for your acceptance."
Jefferson added:
Jefferson added:
August 29, 2025 at 3:21 PM
Years later, in 1805, Jefferson asked Breckinridge to serve as his attorney general, writing: "The office of Attorney General for the US. being not yet permanently filled, I have an opportunity of proposing it for your acceptance."
Jefferson added:
Jefferson added:
In Kentucky, Breckinridge made revisions and introduced the first resolutions. Importantly, he provided a means by which the States should seek repeal and removed language about nullification. In 1799, he shepherded the second set through too.
Despite this, some insisted it was Jefferson's doing.
Despite this, some insisted it was Jefferson's doing.
August 29, 2025 at 3:21 PM
In Kentucky, Breckinridge made revisions and introduced the first resolutions. Importantly, he provided a means by which the States should seek repeal and removed language about nullification. In 1799, he shepherded the second set through too.
Despite this, some insisted it was Jefferson's doing.
Despite this, some insisted it was Jefferson's doing.
Breckinridge was the vehicle for the Resolutions opposing the Alien and Sedition Acts enacted by Congress to keep. He was a main character in a conspiracy hatched to keep Jefferson's involvement a secret, having agreed to get them passed and solemnly promising not to ID Jefferson.
August 29, 2025 at 3:21 PM
Breckinridge was the vehicle for the Resolutions opposing the Alien and Sedition Acts enacted by Congress to keep. He was a main character in a conspiracy hatched to keep Jefferson's involvement a secret, having agreed to get them passed and solemnly promising not to ID Jefferson.
Also not for nothing... Originalists are in search of original meaning at the Founding, meanwhile the Founders weren't really sure whether the Bill of Rights was a thing at the Founding until Jefferson finally did some math and said so in a letter about fish.
August 27, 2025 at 1:36 PM
Also not for nothing... Originalists are in search of original meaning at the Founding, meanwhile the Founders weren't really sure whether the Bill of Rights was a thing at the Founding until Jefferson finally did some math and said so in a letter about fish.
In 1941, December 15 become BoR Day after Congress requested the FDR so recognize the day.
The first BoR Day was marked by a big production that occurred just a week after Pearl Harbor.
You can listen to the radio broadcast here: archive.org/details/Norm...
The first BoR Day was marked by a big production that occurred just a week after Pearl Harbor.
You can listen to the radio broadcast here: archive.org/details/Norm...
August 27, 2025 at 1:30 PM
In 1941, December 15 become BoR Day after Congress requested the FDR so recognize the day.
The first BoR Day was marked by a big production that occurred just a week after Pearl Harbor.
You can listen to the radio broadcast here: archive.org/details/Norm...
The first BoR Day was marked by a big production that occurred just a week after Pearl Harbor.
You can listen to the radio broadcast here: archive.org/details/Norm...
With Vermont, the number of states required went from 10 of 13 to 11 of 14.
Vermont ratified the Bill of Rights in November, becoming the 10th state. Virginia got its act together on Dec 15, 1791 and ratified, becoming the 11th.
In March 1792, TJ then sent the Fish Letter making the BoR official:
Vermont ratified the Bill of Rights in November, becoming the 10th state. Virginia got its act together on Dec 15, 1791 and ratified, becoming the 11th.
In March 1792, TJ then sent the Fish Letter making the BoR official:
August 27, 2025 at 1:30 PM
With Vermont, the number of states required went from 10 of 13 to 11 of 14.
Vermont ratified the Bill of Rights in November, becoming the 10th state. Virginia got its act together on Dec 15, 1791 and ratified, becoming the 11th.
In March 1792, TJ then sent the Fish Letter making the BoR official:
Vermont ratified the Bill of Rights in November, becoming the 10th state. Virginia got its act together on Dec 15, 1791 and ratified, becoming the 11th.
In March 1792, TJ then sent the Fish Letter making the BoR official:
By August, only 9 states had ratified 10 of the 12 proposed amendments. Thomas Jefferson as Secretary of State was keeping track with this handy chart.
He tracked the states North-to-South, and had to pencil in a "V" for Vermont, which became the 14th state while the BoR was under consideration.
He tracked the states North-to-South, and had to pencil in a "V" for Vermont, which became the 14th state while the BoR was under consideration.
August 27, 2025 at 1:30 PM
By August, only 9 states had ratified 10 of the 12 proposed amendments. Thomas Jefferson as Secretary of State was keeping track with this handy chart.
He tracked the states North-to-South, and had to pencil in a "V" for Vermont, which became the 14th state while the BoR was under consideration.
He tracked the states North-to-South, and had to pencil in a "V" for Vermont, which became the 14th state while the BoR was under consideration.
Reposted by Matthew Schafer
Madison's report opposed the Alien and Sedition Acts. It was, 1826 edition said, a "landmark of the Constitution." Though liberty of the press had been invaded, "the Republicans did not abandon the cause of their Country" nor did they "despair."
August 22, 2025 at 1:13 PM
Madison's report opposed the Alien and Sedition Acts. It was, 1826 edition said, a "landmark of the Constitution." Though liberty of the press had been invaded, "the Republicans did not abandon the cause of their Country" nor did they "despair."
Truly, a landmark of history, of Jefferson's death, of Lafayette, of Madison's views of press freedom, of a mutual commitment to a liberal revolution around the world.
August 22, 2025 at 1:13 PM
Truly, a landmark of history, of Jefferson's death, of Lafayette, of Madison's views of press freedom, of a mutual commitment to a liberal revolution around the world.
The press in America, Madison wrote, "must be entitled to much more respect. In every State, probably, in the Union, the press has exerted a freedom in canvassing the merits and measures of public men of every description which has not been confined to the strict limits of the common law."
August 22, 2025 at 1:13 PM
The press in America, Madison wrote, "must be entitled to much more respect. In every State, probably, in the Union, the press has exerted a freedom in canvassing the merits and measures of public men of every description which has not been confined to the strict limits of the common law."