Prof Chester James Antieau
- ----- Original Message -----From: Mark FerranSent: Saturday, October 04, 2003 12:44 AMSubject: [AMOJ_MAIN] Prof Chester James AntieauThe Professor whose writings on the Constitution most impressed me (including his criticism of the Destruction of 42 USC Section 1985 for redress of conspiracies among State-Actors) is Chester James Antieau. I'm not sure that he is still alive. He is/was a Lockean Thinker. He wrote:""Any constitutional society commits itself to certain values, and the United States by the original Constitution and the Bill of Rights is consciously dedicated to individual liberty, integrity, and equality, an open society, and the rule of law. Of these values the Supreme Court is the ultimate guardian and trustee."Modern Constitutional Law, Chester J. Antieau, Vol. 1 V"Let it be stated again that the generation that gave us the Articles of Confederation and the Constitution believed solidly in the doctrine of natural rights. They understood that the purpose of government was to protect men in their basic, natural rights, and
they were sure that they could hold their own state governments to this end."
Modern Constitutional Law, Chester J. Antieau, p. 676"At the time the Articles of Confederation were adopted the overwhelming majority of Americans accepted the doctrine of natural rights. all men possessed certain basic, fundamental rights which government could not deny. Government was organized to
protect and safeguard these rights. It was the unspoken assumption in the Continental Congress that no state could ever justifiably deny to its own citizens their natural rights. It was unthinkable that the possessors of political power needed he protection of the Articles of Confederation against their temporary trustees of governance..." Modern Constitutional Law, Chester J. Antieau, Vol. 1, v.
(1969) p. 673Antieau is the Author of a 3 volume Treatise:Modern Constitutional Law 2d ed., ed. by Chester James Antieau. West Group, 1997. 3v. ( KF4550 .A75 1997) http://gull.georgetown.edu/record=³26357:v1, "The individual and the government;v2, Equal protection/Civil and criminal justice (Antieau with William J. Rich);v3, The states and the federal government (Antieau and Rich); includes tables of cases and index. An overview of constitutional law as currently practiced.
From Antieau's preface: "American Constitutional law has been concerned primarily with three tasks: (a) determining the extent to which individual liberty is consistent with the common weal; (b) demarcating the powers of the State and federal governments; and (c) delineating the powers and obligations of the three branches within the federal government.... The prevailing school of jurisprudence in 20th century American constitutional law is neither philosophical nor historical, but sociological."His other books include:
Adjudicating Constitutional Issues / Chester James Antieau 1985 2 Antieau's Local Government Law / by Chester James Antieau With The Assistance Of John Michael Antieau 1955 3 Antieau's Local Government Law 1997 4 Cases And Problems On The Law Of Municipal Corporations 1964 5 Commentaries On The Constitution Of The United States 1960 6 Constitutional Construction / Chester James Antieau 1982 7 The Executive Veto / Chester James Antieau 1988 8 Federal Civil Rights Acts 1994 9 Federal Civil Rights Acts: Civil Practice / [By] Chester J. Antieau 1971 10 Federal Civil Rights Acts : Civil Practice / Chester J. Antieau 1980 11 Freedom From Federal Establishment; Formation And Early History Of The First Amendment Religion Clau / [By] Chester James Antieau, Arthur T. Downey, [And] Edward C. Roberts. With The Aid Of Phillip M. Ca 1964 12 The Higher Laws : Origins Of Modern Constitutional Law / Chester James Antieau 1994http://gull.georgetown.edu/search/aAntieau%2C+Chester+James/aantieau+chester+james/-5,-1,0,B/exact&FF=ªntieau+chester+james&1,23,Also: KF 4757 .Z9 A68
Antieau, Chester James. The Original understanding of the fourteenth amendment. Tuscon, AZ: Mid-America Press, c1981.Compare with: The Original Intent of the Fourteenth Amendment, at www.billstclair.com/ferranCf. "The judicial attitude is more than abstention; it verges at times upon courts being an arm of the executive when violence, foreign or domestic, erupts."
Presidential Power In A Nutshell, Arthur S. Miller, p. 163,
(See also A Mason, Harlan Fiske Stone,
Pillar of the Law, 1958)Also: Charles J. Antieau, Rights of our Fathers, Vienna, Va.: Coiner Publications, 1968, p. 177.Also see Chester J. Antieau, "The Limitations Of Religious Liberty," Fordham Law Review 18 (November 1949): 221-41.