The Freeman 1972 - The Ludwig von Mises Institute

384 THE FREEMAN Junewas at his time) only as a meansfor the protection of those rightsfrom the states, whose power atthat time was considerable. Justas he resented oppression by thestate governments, he also wouldhave disliked a despotic nationalgovernment. Similarly, it wouldbe unfair to blame Story for favoringjudicial review. For~ again,he conceived of that institution asa mere means for the preservationof free government and not as onefor the promotion of social legislationand perverted concepts ofcivil rights.Mr. McClellan is to be congratulatedfor having shed new lighton one of America's greatest jurists- perhaps the greatest of themall. Given the recent publication ofGerald T. Dunne's Justice JosephStory and the Rise of the SupremeCourt, the important role JusticeStory played in the developmentof the American Constitution atlast may well get the recognitionthat has long been its due. ~HANDSOME BLUE LEATHERLEXFREEMANBINDE'RS$2.50 eachORDER FROM: THE FOUNDATION FOR ECONOMIC EDUCATIONIRVINGTON-ON-HUDSON, NEW YORK 10533