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United States · Book or treatise

Blackstone’s Commentaries: Tucker’s American Edition

Blackstone’s account of personal rights with Tucker’s American notes, including the arms-right comparison cited in Heller.

Requested volume available. Collection target: Physical volume 2 (Book 1, Part 2) of the 1803 edition is available. Volume 5 remains unacquired.

Notes of Reference to the Constitution and Laws of the Federal Government of the United States; and of the Commonwealth of Virginia, Appended to Blackstone’s Commentaries

St. George Tucker · electronic ed. · 2013

St. George Tucker, Notes of Reference to the Constitution and Laws of the Federal Government of the United States; and of the Commonwealth of Virginia, Appended to Blackstone’s Commentaries (LONANG Inst. electronic ed. 2013) (1803)

Appendices only. The publisher expressly excludes Blackstone’s Commentaries and the footnotes to those Commentaries. This is not either complete requested volume. Exact 1803 volumes were located in Google Books and HathiTrust, but Google downloads were rate-limited, and HathiTrust required member-institution authentication for whole-book download.

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Source repository ↗

Modern transcription with modernized spelling. Its title page bears copyrights 2003 and 2013. This is not a facsimile of the complete 1803 volumes, and excludes Blackstone’s text and its footnotes. The page numbers belong to the transcription. Edition-date treatment and a final public URL should be checked before use in a filing.

Blackstone’s Commentaries

William Blackstone · Volume 2 · 1803

2 William Blackstone, Blackstone’s Commentaries (St. George Tucker ed., Philadelphia, William Young Birch & Abraham Small 1803)

University of Michigan Law Library copy, digitized by Google Books. Original file, Google identification, and digitization marks retained. Whole-volume repository facsimile with front matter, main text through printed 485, and appendix through printed 118. This is the second physical volume of Tucker’s five-volume set, labeled Book 1, Part 2. It is not Blackstone Book 2. The citation at Heller page 606 is verified against the official United States Reports. Printed page 143 and both notes 40–41 occupy PDF page 47; the same leaf also carries the marginal continuation number 144. Blackstone’s English text and Tucker’s American notes are distinct contributions. Tucker’s 1803 commentary appeared 12 years after ratification of the Second Amendment. Heller also cites volume I appendix pages 300 and 357. Those passages appear in a separate volume and are not included in this PDF. Google’s original identification and digitization marks are preserved. OCR contains merged words and recognition errors; verify quotations against the images.

Open reader → Download this PDF

Source repository ↗

Use in constitutional interpretation

Antonin Scalia · Opinion of the Court

District of Columbia v. Heller, 554 U.S. 570, 606 (2008).

Scalia cites Tucker’s comparison of the Second Amendment with Blackstone’s English arms right. On the same leaf, Blackstone calls arms an auxiliary means of protecting personal rights, while Tucker’s notes reject qualifications based on condition or degree and criticize English forest and game laws for disarming the population.

Read printed 143 & nn. 40–41 →

This is the second physical volume of Tucker’s five-volume set, labeled Book 1, Part 2. It is not Blackstone Book 2.

The citation at Heller page 606 is verified against the official United States Reports. Printed page 143 and both notes 40–41 occupy PDF page 47; the same leaf also carries the marginal continuation number 144.

Blackstone’s English text and Tucker’s American notes are distinct contributions. Tucker’s 1803 commentary appeared 12 years after ratification of the Second Amendment.

Heller also cites volume I appendix pages 300 and 357. Those passages appear in a separate volume and are not included in this PDF.

Google’s original identification and digitization marks are preserved. OCR contains merged words and recognition errors; verify quotations against the images.