Author: Advocatetanmoy

COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATES – J. STORY 1833

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TABLE OF CONTENTS

VOLUME I.

The Constitution

Preliminary Chapter

BOOK I.

HISTORY OF THE COLONIES
Sections
CHAPTER I. Origin and Title to the Territory of the Colonies
CHAPTER II. Origin and Settlement of Virginia
CHAPTER III. Origin and Settlement of New-England, and Plymouth Colony
CHAPTER IV. Massachusetts
CHAPTER V. New-Hampshire
CHAPTER VI. Maine
CHAPTER VII. Connecticut 84- 93
CHAPTER VIII. Rhode-Island 94- 102
CHAPTER IX. Maryland 103- 110
CHAPTER X. New-York 111- 114
CHAPTER XI. New-Jersey 115- 120
CHAPTER XII. Pennsylvania 121- 125
CHAPTER XIII. Delaware 126- 127
CHAPTER XIV. North and South-Carolina 128- 142
CHAPTER XV. Georgia 143- 145
CHAPTER XVI. General Review of the Colonies 146- 158
CHAPTER XVII. General Review of the Colonies 159- 197

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ARSENICUM ALBUM(As2 O3)- Commentary by Boericke, Kent, Clarke, and Nash

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Acidum arsenious: The white oxide of Metallic Arsenic, As2 O3. Solution and trituration

English: White arsenic, Arseniuous acid, Arsenic Trioxide
French: Arsenic, Oxyde blanc d’arsenic, Acide arsenieux
German: Arsenik, Arsenige Saure

Legal Notice: section 505(a) of the Federal Food, Drug, and Cosmetic Act (FD&C Act), 21 U.S.C. § 355(a).

Status: unapproved

FDA took action against below advertisement :

“Best Homeopathy Preventive Medicine for Corona Virus Infection . . . Arsenicum album 30 could be taken as prophylactic medicine against Corona virus infections . . . It has recommended one doze of Arsenicum album 30, daily in empty stomach for three days. The dose should be repeated after one month by following the same schedule in case Corona virus infections prevail in the community. . . Dr. Pranjali Youtube Tips for Corona Virus Infection . . . Homeomart associate recommends the following preventive medicines for Corona Virus infection . . . coronavirus homeopathy . . . Preventive Medicine . . . Influenzinum 200 . . . Curative medicine . . . Arsenic 30.”

Un-tested claims by some Homeopaths

Established Coronavirus Case where symptoms are well-established, aggressive protocol is outlined as under.

1) Arsenicum Album 30C, three doses, 5 minutes apart each followed by 1hour break. Repeat second set of three doses as above followed by 1 hour break.

2) Immediately after third dose of second set, Bacillinum 200C one dose.

3) Repeat above two sets three times daily. This will make a total of 18 doses of Arsenicum Album 30C and 3 doses of Bacillinum 200C.

This protocol to be followed on daily basis till the symptoms start abating and temperature normalizes. Then one set of steps 1 and 2 in the morning and one set in the evening.The second protocol can be administered for 1-2 weeks depending upon condition of the patient. Arsenicum Album 30C one dose morning, noon and evening followed by one dose of Bacillinum 200C

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United Kingdom of Great Britain and Northern Ireland- Nature of the ‘Union’

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United Kingdom

The composite nature of the United Kingdom created by the union of the Crowns of England, Scotland, and Ireland, presents interesting points of comparison and contrast with the form of a federal union of the USA or unitary union of India. The United Kingdom is ruled by a single sovereign Parliament; but the identity of the component parts is by no means wholly lost, as will appear from a brief reference to the Acts of Union.  In this regard, we can also go through the preamble of the CONSTITUTION OF SWITZERLAND.

In the name of Almighty God. The Swiss Confederation, desiring to confirm the alliance of the Confederates, to maintain and to promote the unity, strength and honour of the Swiss nation . . . The purpose of the Confederation is to secure the independence of the country against foreign nations, to maintain peace and order within, to protect the liberty and the rights of the Confederates and to foster their common welfare. (Preamble and Art. 2, 29th May, 1874.)

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We ‘the people’ clause of a constitution

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We the People of India- Indian Constitution

The People.”

The opening words of the preamble proclaim that the Constitution of the Commonwealth of Australia is founded on the will of the people whom it is designed to unite and govern. Although it proceeds from the people, it is clothed with the form of law by an Act of the Imperial Parliament of Great Britain and Ireland, the Supreme Sovereign Legislature of the British Empire. The legislative supremacy of the British Parliament is, according to Dicey and all other modern jurists, the keystone of the law of the British Constitution. John Austin holds (Jurisprudence, vol. I. pp. 251–255) that the sovereign power is vested in the King, the House of Lords, and the House of Commons or electors. Referring to Austin’s definition, Dicey points out that the word “sovereignty” is sometimes employed in a political rather than in a strictly legal sense. That body is politically sovereign or supreme in a State, the will of which is ultimately obeyed by the citizens of the State. In this sense of the word the electors of Great Britain may be said to be, together with the Crown and the Lords, or perhaps in strict accuracy, independently of the King and the Peers, to be the body in which the political sovereignty is vested. (Dicey, Law of the Constitution, p. 67.)

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Whereas – Meaning of the word used in Preamble

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“Whereas.”

The proper function of a preamble is to explain and recite certain facts which are necessary to be explained and recited, before the enactments contained in an Act of Parliament can be understood. A preamble may be used for other reasons: to limit the scope of certain expressions or to explain facts or introduce definitions. (Lord Thring, Practical Legislation, p. 36.) The preamble has been said to be a good means to find out the intention of a statute, and, as it were, a key to the understanding of it. It usually states, or professes to state, the general object and meaning of the Legislature in passing the measure. Hence it may be legitimately consulted for the purpose of solving an ambiguity or fixing the connotation of words which may possibly have more than one meaning, or determining the scope or limiting the effect of the Act, whenever the enacting parts are, in any of these respects, open to doubt. But the preamble cannot either restrict or extend the legislative words, when the language is plain and not open to doubt, either as to its meaning or its scope. (Maxwell on the Interpretation of Statutes [1875], pp. 35–45.)

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Marginal Notes of an Act

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MARGINAL NOTES

The marginal notes of the Act and the Constitution are copious and systematic; yet the bulk of authority would seem to show that they form no portion of the law. In Claydon v. Green, L.R. 3 C.P. 511, Mr. Justice Willes said:—

“Something has been said about the marginal note in section 4 of 9 Geo. IV. c. 61. I wish to say a word upon that subject. It appears from Blackstone’s Commentaries, vol. I. p. 183, that formerly, at one stage of the Bill in Parliament it was ordered to be engrossed upon one or more rolls of parchment. That practice seems to have continued down to the session of 1849, when it was discontinued, without, however, any statute being passed to warrant it (see May’s Parliamentary Practice, 3rd ed., 382). Since that time, the only record of the proceedings of Parliament—the important proceedings of the highest tribunal of the Kingdom—is to be found in the copy printed by the Queen’s printer. But I desire to record my conviction that this change in the mode of recording them cannot affect the rule which treated the title of the Act, the marginal notes, and the punctuation, not as forming part of the Act, but merely as temporanea expositio. The Act, when passed, must be looked at just as if it were still entered upon a roll, which it may be again if Parliament should be pleased so to order; in which case it would be without these appendages, which, though useful as a guide to a hasty inquirer, ought not to be relied upon in construing an Act of Parliament.”

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Heading in statute- purpose

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HEADINGS.—The headings of a portion of a statute may be referred to in order to determine the sense of any doubtful expressions in sections ranged under it. (Hammersmith and City Railway Co. v. Brand, L.R. 4 H.L. 171, 203; but see—per Lord Cairns, id. p. 217. Eastern Counties Rail. Co. v. Marriage, 9 H.L. Ca. 32. Union Steamship Co. of N.Z. v. Melbourne Harbour Trust, 9 App. Ca. 365.)

An ‘Act’ and its limbs

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“An Act.”

An Act may, for the purpose of analysis and classification, be considered as consisting of the following parts:—

(1) Title,

(2) Preamble,

(3) Words of enacting authority,

(4) The Covering Clauses

(5) The Constitutent divisions : Chapters, Headings, Parts, and Sections

(6) The Schedule,

(7) The Marginal Notes.

(8)  The Heading

(9) Punctuation marks

 

Title of a statute

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TITLE.—The title of a Statute forms no part of the law, and in strictness ought not to be taken into consideration at all. No more argument can be justly built upon the title prefixed in some editions of the Statutes than upon the marginal notes against the several sections—per Tindal, C.J., in delivering to the House of Lords the opinion of the consulted Judges. (Birtwistle v. Vardill, 1839, 7 Cl. and Finn., p. 929.)

The title of a statute is no part of the law—per Lord Mansfield, Rex. v. Williams, 1 W. Bl. 95. Per Lord Hardwicke, Att.-Gen. v. Lord Weymouth, Ambl. 25. Per Pollock, C.B., Salkeld v. Johnson, 2 Exch. 283, Digest of English Case Law, Vol. XIII., p. 1881.

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