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Bibliography of the United States Constitution

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Constitution of the United States
Created: September 17, 1787[1]
Presented: September 28, 1787[2]
Ratified: June 21, 1788[3]
Date effective: March 4, 1789[4]

The bibliography of the United States Constitution is a comprehensive selection of books, journal articles and various primary sources about and primarily related to the Constitution of the United States that have been published since its ratification in 1788. Many of the delegates at the Constitutional Convention set out to improve on the inadequate Articles of Confederation,[5] but after much deliberation over state's rights a new Federal Constitution was approved.[6] To allow delegates to make compromises and changes without speculation from the public and newspapers it was decided that the debates and drafting during the Convention be conducted in secret,[7][8] which is why definitive accounts of the Convention did not appear until 1840,[9][10][11][a] while many books on the Constitution begin after the Convention of 1787.[12] On September 17, 1787, the new Constitution was signed by the delegates, and ratified the following year, which established the government of the United States in March 1789.[13][14] Since then, many historians and political scientists, some of them critical and controversial, have written about the Constitution, and the Founding Fathers who framed it.

Preliminary notes

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  • Books published before 1970 have no ISBN.
  • Historical journals have no ISBN and usually possess a DOI number.
  • Various works have been reprinted – any year dates enclosed in [brackets] denote the original year of publication
  • Primary sources are works authored by individuals closely associated with the event or idea in question and are listed separately in the Primary sources section.[b]
  • Many general biographies of James Madison, often considered the Father of the Constitution, exist, which cover his involvement with that document to one extent or another. Such works can be found in the Bibliography of James Madison article and are not included in this bibliography.
  • Encyclopedia articles and essays found on web pages are not listed.

18th century publications

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  • Constitution related works authored in the eighteenth century are typically Primary sources and are listed in the Primary sources section.
  • Works of this era that were highly influential to the Framers are listed in the Works influential to the Founders section

19th century publications

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Journals 1

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20th century publications

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Journals 2

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21st century publications

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Journals 3

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Primary sources

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Works influential to the Founders

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Many of the works in this section were authored by members of the Scottish Enlightenment and the English Enlightenment, who were highly influential in the realms of moral and political philosophy and political science. Their works were routinely cited by James Madison, John Adams, Benjamin Franklin, and other Founding Fathers before and during the drafting of the U. S. Constitution, and during the ratification process.[27][28][29] In the years leading up to the framing and signing of the Constitution, Blackstone, Hume, Locke and Montesquieu were among the political philosophers most frequently referred to.[29][ae] Historian Jack P. Greene maintains that by 1776 the early Americans drew heavily upon Magna Carta and the later writings of "Enlightenment rationalism" and English common law, while also citing David Hume, an eighteen century Scottish philosopher,[af] who advanced the idea that the lower class was a better judge of character when it came to choosing their representatives.[32] The framers also studied the political philosophies of Plato, Socrates and Aristotle of ancient Greece and those found in ancient Roman Law who advanced the idea of balance of powers.[33][34]

James Madison

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James Madison is widely recognized among Constitutional scholars for his key role in drafting and promoting the Constitution of the United States and the Bill of Rights.[45][46][47] Gouverneur Morris also played a significant role, writing the Preamble and various other provisions.[48] Historians Saul Padover and Jacob Landynski maintain that "...the American Constitution, for which Madison, more than any other single individual, was mainly responsible. It was Madison who gave the Constitution its basic shape, its essential conservatism, and yet flexibility sufficient to meet the changing needs of future times."[49] For his key role Madison is commonly known as The Father of the Constitution.[50] However, some historians don't share this view entirely, based on various issues.[51][52] In his own lifetime Madison was hailed as the "Father of the Constitution".[45][ak]

Journals 4

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  • Adair, Douglass (April 1945). "James Madison's Autobiography". The William and Mary Quarterly. 2 (2). Omohundro Institute of Early American History and Culture: 191–209. doi:10.2307/1923519. JSTOR 1923519.
  • Arkin, Marc M. (August 1995). ""The Intractable Principle:" David Hume, James Madison, Religion, and the Tenth Federalist". The American Journal of Legal History. 39 (2). Oxford University Press: 148–176. doi:10.2307/845899. JSTOR 845899.
  • Ashin, Mark (October 1953). "The Argument of Madison's "Federalist," No. 10". College English. 15 (1). National Council of Teachers of English: 37–45. doi:10.2307/371602. JSTOR 371602.
  • Banning, Lance (April 1983). "James Madison and the Nationalists, 1780-1783". The William and Mary Quarterly. 40 (2). Omohundro Institute of Early American History and Culture: 227–255. doi:10.2307/1916879. JSTOR 1916879.
  • Branson, Roy (April–June 1979). "James Madison and the Scottish Enlightenment". Journal of the History of Ideas. 40 (2). University of Pennsylvania Press: 235–250. doi:10.2307/2709150. JSTOR 2709150.
  • Brant, Irving (January 1951). "Madison: On the Separation of Church and State". The William and Mary Quarterly. 8 (1). Omohundro Institute of Early American History and Culture: 3–24. doi:10.2307/1920731. JSTOR 1920731.
  • Broadwater, Jeff (2015). "James Madison and the Constitution: Reassessing the "Madison Problem"". The Virginia Magazine of History and Biography. 123 (3): 202–235. JSTOR 26322533.
  • Conniff, James (August 1980). "The Enlightenment and American Political Thought: A Study of the Origins of Madison's Federalist Number 10". Political Theory. 8 (2). Sage Publications, Inc.: University of Utah.: 381–402. doi:10.1177/009059178000800307. JSTOR 190920. S2CID 148673852.
  • Greene, Francis R. (Winter 1994). "Madison's View of Federalism in "The Federalist"". Publius. 24 (1). Oxford University Press: 47–61. JSTOR 3330704.
  • Houpt, D. (2010). "Securing a Legacy: The Publication of James Madison's Notes from the Constitutional Convention". The Virginia Magazine of History and Biography. 118 (1): 4–39. JSTOR 40601163.
  • Howard, A. E. Dick (Summer 1985). "James Madison and the Constitution". The Wilson Quarterly. 9 (3): 80–91. JSTOR 40256894.
  • Konig, David Thomas (May 2010). "James Madison and Common-Law Constitutionalism". Law and History Review. 28 (2): 507–514. doi:10.1017/S0738248010000076. JSTOR 25701111. S2CID 146349114.
  • Leibiger, Stuart (August 1993). "James Madison and Amendments to the Constitution, 1787-1789: "Parchment Barriers"". The Journal of Southern History. 59 (3). Southern Historical Association: 441–468. doi:10.2307/2210003. JSTOR 2210003.
  • Morgan, Robert J. (December 1974). "Madison's Theory of Representation in the Tenth Federalist". The Journal of Politics. 36 (4). The University of Chicago Press: 852–885. doi:10.2307/2129398. JSTOR 2129398. S2CID 153496620.
  • Muñoz, Vincent Phillip (February 2003). "James Madison's Principle of Religious Liberty". The American Political Science Review. 97 (1). American Political Science Association.: 17–32. doi:10.1017/S0003055403000492. JSTOR 3118218. S2CID 73579783.
  • Rakove, Jack N. (Fall 1992). "James Madison and the Bill of Rights: A Broader Context". Presidential Studies Quarterly. 22 (4). Wiley on behalf of the Center for the Study of the Presidency and Congress: 667–677. JSTOR 27551030.
  • Read, James H. (August 1995). ""Our Complicated System": James Madison on Power and Liberty". Political Theory. 23 (3). Sage Publications, Inc.: University of Utah: 452–475. doi:10.1177/0090591795023003003. JSTOR 191753. S2CID 145077604.
  • Riemer, Neal (March 1954). "The Republicanism of James Madison". Political Science Quarterly. 69 (1). Oxford University Press.: 45–64. doi:10.2307/2145057. JSTOR 2145057.
  • Robertson, David Brian (May 2005). "Madison's Opponents and Constitutional Design". The American Political Science Review. 99 (2). American Political Science Association: 225–243. doi:10.1017/S0003055405051622. JSTOR 30038934. S2CID 145374045.
  • Rosenbloom, David H. (December 2011). "Federalist No. 10: How Do Factions Affect the President as Administrator-in-Chief?". Public Administration Review. 71. Wiley; The American Society for Public Administration: s22–s28. doi:10.1111/j.1540-6210.2011.02458.x. JSTOR 41317413.
  • Scarberry, Mark S. (April 2009). "John Leland and James Madison: Religious Influence on the Ratification of the Constitution and on the Proposal of the Bill of Rights". Penn State Law Review. 113 (3): 733–800.
  • Schultz, Harold S. (Spring 1980). "James Madison: Father of the Constitution?". The Quarterly Journal of the Library of Congress. 37 (2). Library of Congress: 215–222. JSTOR 29781852.
  • Sikkenga, Jeffrey (July 2012). "Government Has No "Religious Agency": James Madison's Fundamental Principle of Religious Liberty". American Journal of Political Science. 56 (3). Midwest Political Science Association: 745–756. doi:10.1111/j.1540-5907.2011.00581.x. JSTOR 23316018.
  • Tate, Adam (Fall 2013). "James Madison and State Sovereignty, 1780–1781". American Political Thought. 2 (2). The University of Chicago Press - Notre Dame Program in Constitutional Studies - The Jack Miller Center: 174–197. doi:10.1086/673130. JSTOR 10.1086/673130. S2CID 154021009.
  • Weiner, Greg (Fall 2013). "James Madison and the Legitimacy of Majority Factions". American Political Thought. 2 (2). The University of Chicago Press: 196–216. doi:10.1086/673131. JSTOR 673131. S2CID 153749919.
  • Rumble, Wilfrid E. (1979). "James Madison on the Value of the Bill of Rights". Constitutionalism. Nomos XX. Vol. 20. American Society for Political and Legal Philosophy. pp. 122–162. JSTOR 24219130.

Madison correspondence

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During the period just prior to and during the Constitutional Convention James Madison corresponded with Thomas Jefferson, who was in Paris serving as American Minister to France,[55][56] and who.had requested that Madison keep him informed of the proceedings during the Constitutional Convention.[57][am] During this time Madison also corresponded with John Adams, in London,[59][an] George Washington,[61] James Monroe,[62] and others, about general developments during the convention and other related matters. Because Madison, like others at the convention, was bound by the secrecy rule, which Jefferson found disquieting, only reports about the arrival of delegates, the general progress of the convention, general recommendations and other such nominal information was exchanged through correspondence.[63][62] Correspondence of this nature is included in this section.

Slavery and the Constitution

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According to James Madison, the source of greatest disagreement between the states in framing the U.S. Constitution was the issue of slavery.[65][66][67] The differences profoundly affected the final document, which included five provisions that protected slavery directly and another five, indirectly.[68][67] So deep was the division that it threatened the Constitution's passage, in fact, the union itself, and over the next 70 years, slavery would grow into the nation's defining issue, eventually resulting in a bloody civil war.[69][70][71][72]

As various states refused to ratify a Constitution that prohibited slavery, various provisions were adapted to assure ratification by all the states.[73][74][ap] Though Congress was allowed to prohibit the foreign slave trade, beginning in 1808, the issue of slavery did not become a Constitutional mandate over the states, with each state deciding whether it would allow the institution of slavery to exist within its borders. Emancipation gradually continued in the northern and middle states, however, slavery would thrive and expand in the southern states.[77] As a result, the number of slaves in the U.S. would increase from about 700,000 in 1790 to nearly four million at the outbreak of the Civil War.[78]

Journals 5

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See also

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Notes

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  1. ^ Because the delegates faithfully observed the secrecy agreement, no records of the Convention were released to the public until 1819, when the U.S. Congress finally moved for their publication. The notes in their entirety were not made public until 1840.[9][10][11]
  2. ^ Primary sources can include diaries, letters, log books, official documents, pamphlets, and books.
  3. ^ At its Washington meeting, December 26, 27, 1895, the executive council of the American Historical Association voted to offer a prize of $100 for the best monograph, based upon original investigation in history, submitted to the council in the course of the year 1896. The committee of award, Profs. A. C. McLaughlin, of the University of Michigan; Moses Coit Tyler, of Cornell University, and James Harvey Robinson, of Columbia University, gave the prize (the Justin Winsor Prize) to Professor Herman Vandenburg Ames, of Ohio State University, for his elaborate monograph on "The proposed amendments to the Constitution of the United States during the first century of its history.[15]
  4. ^ Work contains references to the U. S. Constitution throughout, with a chapter dedicated to the Founding Fathers and their creation of the Constitution.
  5. ^ Numerous authors and editors: Work contains numerous references to the U. S. Constitution in relation to statesmen, events and ideas throughout.
  6. ^ Book contains three chapters devoted to Sherman's involvement with the drafting of the Constitution and the Federal Convention in Philadelphia.
  7. ^ Covers how the European Enlightenment influenced the founding era in Colonial America.
  8. ^ Laslett devotes much of his work to coverage of the historical and academic issues regarding Locke, followed by Locke's Two Treaties.[16]
  9. ^ Volumes one and two not listed.
  10. ^ Covers how the American enlightenment influenced the forging of the Constitution, with emphaisis on Benjamin Franklin's views.
  11. ^ Alexis de Tocqueville is best known for his two-volume work, Democracy in America (1835) and The Old Regime and the Revolution (1856).
  12. ^ See: Pelatiah Webster, clergyman, author and proponent of the U. S. constitution
  13. ^ Shays' Rebellion established a strong incentive towards the assembling of the Federal Convention and exemplified the need for a strong Federal Constitution.[17][18]
  14. ^ "Carrese provides a provocative analysis of the intellectual sources of today's powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and strong but subtle courts."
  15. ^ Publication contains various essays by other editors besides those listed.
  16. ^ Covers Benjamin Franklin's role in adopting many of the ideas in the Iroquois Confederation that he added to the Albany Plan which is said to help inspire colonial unity which led to the Articles of confederation and the Constitution.
  17. ^ Work contains ten chapters with an author for each.  Numerous references to Montesquieu, John Locke, David Hume, William Blackstone are made throughout; eighteenth century enlightenment philosophers.
  18. ^ David Brearley was an American Founding Father and a signatory of the U. S. Constitution.
  19. ^ Work contains the Complete arguments presented by Alexander Hamilton, James Madison and John Jay for ratification, and by Patrick Henry, Robert Yates, and Samuel Byron against it.[19]
  20. ^ Five volume work contains much of the correspondence between Madison, Jefferson, Washington, et al, and other documents housed in the Bureau of Rolls and Library of the Department of State relating to the formation of the Constitution.[20]
  21. ^ John Adams wrote his three-volume work, A Defense of the Constitutions of Government of the United States of America while in London in the face of various acquaintances in Europe who criticized the Constitution of the United States.[21][22]
  22. ^ Editor's Note: "Benjamin Franklin's voice was weak so James Wilson read this speech for him on the final day of the Constitutional Convention, Monday, September 17, 1787. Franklin then moved for the adoption of the Constitution."[23]
  23. ^ Many publications of the Federalist Papers have been printed since they were first released.
  24. ^ "American constitutions : comprising the constitution of each state in the Union, and of the United States, with the Declaration of independence and Articles of confederation; each accompanied by a historical introduction and notes, together with a classified analysis of the constitutions, according to their subjects, showing, by comparative arrangement, every constitutional provision now in force in the several states; with references to judicial decisions, and an analytical index"
  25. ^ Jefferson had the Notes published while he was in Paris in 1787, the year of the Constitutional Convention, as a means of sharing his ideas of Republican Constitutionalism and political enlightenment while the Constitution was being debated, drafted and ratified.[24]
  26. ^ Quote: "The collection brings together an enormous amount of primary source material to illustrate and explain the ideas behind each clause of the U.S. Constitution and Bill of Rights.".[25]
  27. ^ Madison's notes on the Federal Convention have been printed by many publishers.
  28. ^ Highly influential work frequently referred to by the Founding Fathers while debating and drafting the U. S. Constitution
  29. ^ Quote: On the eve of the American Revolution, to be precise, on the ninth of March, 1776, a revolution occurred in the realm of thought: economics emerged as a science. The cause of that revolution was the publication of Adam Smith's The Wealth of Nations".[26]
  30. ^ Also contains notes, selected biographical outlines and speeches made by Federalists and anti-Federalists.
  31. ^ Historian Herbert W. Schneider held that the Scottish Enlightenment was "probably the most potent single tradition in the American Enlightenment" and the advancement of personal liberties.[30]
  32. ^ Hume was greatly admired by Benjamin Franklin who read many of his works and visited him at Edinburgh in 1760. Both embraced the idea that high public officials in any of the three branches of government should receive no salary.[31]
  33. ^ The political writings of Thomas Paine were very influential in criticizing British Parliament and advancing the ideas of natural rights and separation of religion from government. Common Sense is considered one of the most volatile works of the Revolutionary era.[35]  See also: Rights of Man,  The Age of Reason
  34. ^ Support for the Iroquois Thesis is largely based on the similarities that existed between the Iroquois Confederacy and the political philosophies embraced by the Founders, which include the ideas that leaders are servants of the people, states within states v tribes within the Confederacy, and a respect for diversity of beliefs or religions among leaders and different groups of people.[38][39]
  35. ^ See also: Iroquois#Influence on the United States
  36. ^ Elisabeth Tooker, professor of anthropology, maintains that, "...there is little in this system of governance, the founding fathers might have been expected to copy. It is doubtful, for example, that the delegates to the Constitutional Convention ... would have proposed a system under which only their relatives could become members of Congress, and a system under which each legislator was chosen by a close female relative of the previous holder of the office", which is how the Chiefs of the Iroquois Confederacy were chosen. i.e.Hereditary rule.[44]
  37. ^ Though Madison played a key role in drafting the Constitution, and at the Constitutional Convention, he was reluctant to accept such praise, and once replied, "You give me a credit to which I have no claim, in calling me 'The writer of the Constitution of the U. S." maintaining it was the product of "many heads & many hands".[53][54]
  38. ^ This biography concentrates on Madison's involvement with the Bill of Rights, The Annapolis Convention, religious liberty, preparation for and involvement at the Federal Convention, along with numerous references to the Constitution.
  39. ^ While in Paris, Jefferson sent a fair number of works on the French Enlightenment to Madison.[58]
  40. ^ While in London Adams wrote his three-volume A Defense of the Constitutions of Government of the United States of America.[60][21]
  41. ^ Original source: The Papers of Thomas Jefferson, vol. 15, 27 March 1789 – 30 November 1789, ed. Julian P. Boyd. Princeton: Princeton University Press, 1958, pp. 364–369 [64]
  42. ^ The Three-fifths Compromise and the Fugitive Slave Clause were among some of the provisions.[75][76]
  43. ^ Work contains many references to the various Articles in the Constitution.
  44. ^ Reprinted in 1860, by Burt Franklin; 2019, by Madison and Adams Press
  45. ^ Provides an extensive selection of correspondence and other papers of famous presidents and other historically notable Founding figures.

Citations

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  1. ^ Curtis, 1861, Vol II, p. 485
  2. ^ Curtis, 1861, Vol II, p. 501
  3. ^ Maier, 2010, p. 361
  4. ^ Maier, 2010, p. 438
  5. ^ Bowen, 1986, pp. 5, 37-38
  6. ^ Bowen, 1986, pp. chapter xxv
  7. ^ Lutz, 1988, p. 139
  8. ^ Kaminski, 2005 p. 15
  9. ^ a b Slez & Martin, 2007, p. 46
  10. ^ a b Bloom, 1986, p. 21
  11. ^ a b Farrand, 1904, p. 479
  12. ^ Bowen, 1986, p. xiii
  13. ^ Lansing & Yates, 1821, pp. 9-13
  14. ^ Maier, 2010, pp. 27-28, 35,
  15. ^ Ames, 1897, quoted from p. 3
  16. ^ Laslett, 1960, Table of Contents
  17. ^ Warren, 1905, p. 43
  18. ^ Richards, 2014, p. 132, 187
  19. ^ Federalist and anti-Federalist papers, 2009, p. 4
  20. ^ Documentary history of the Constitution of the United States of America, 1786-1870, 1901, Vol. I, Introduction
  21. ^ a b Gilbert, 1964, p. 203
  22. ^ Adams, 1777-1788
  23. ^ American Bar Association: Franklin, 2010, p. 64
  24. ^ Gish & Klinghard, 2012, pp. 35-37
  25. ^ Liberty Fund, 2021
  26. ^ Smith; Seligman, 1961, p. 10
  27. ^ Tanaka, 2010, p. 16
  28. ^ Wood, 1979, p. 21
  29. ^ a b Lutz, 1988, p. 146
  30. ^ Howe, 1989, p. 572
  31. ^ Werner, 1972, p. 448
  32. ^ Greene, 1994, pp. 182, 187, 272
  33. ^ Pauley, 2014, pp. 39, 42-43
  34. ^ Paulucci, 2004, p. 6-7
  35. ^ Wood, 2002, p. 55
  36. ^ Grinde & Johansen, 1996, pp. 621-636
  37. ^ Ablavsky, 2014, pp. 999-1089
  38. ^ Cohen, 1952, pp. 179-180
  39. ^ Tooker, 1988, pp. 307-308
  40. ^ Armstrong, 1971, p. 14
  41. ^ Levy, 1996, pp. 588-604
  42. ^ Tooker, 1988, pp. 305-336
  43. ^ Starna, 1996, pp. 427–452
  44. ^ Tooker, 1988, pp. 312-313
  45. ^ a b Feldman, 2017, pp. 625–626
  46. ^ Rakove, 1990, pp. x, 13
  47. ^ Brant, 1950, pp. 154-155
  48. ^ Wright, 1987, p. 92
  49. ^ Padover & Landynski, 1995, p. 8
  50. ^ Bowen, 1986, p. 4
  51. ^ Wood, 2006, p. 127
  52. ^ Gutzman, 2012, p. 136
  53. ^ Brant, 1950, pp. 154
  54. ^ Maier, 2010, p. 36
  55. ^ McCullough, 2001, p. 330
  56. ^ Bowers, 1945, pp. vii–viii, xxii
  57. ^ Koch, 1964, p. 15
  58. ^ Burstein, 2013, pp. 136–137
  59. ^ McCullough, 2001, pp. 145, 333-335
  60. ^ Chinard, pp. 203
  61. ^ Madison to Washington, September 30, 1787
  62. ^ a b Madison to Monroe, June 10, 1787
  63. ^ Koch, 1964, pp. 6, 34, 185
  64. ^ Founders Online
  65. ^ Rakove, 1996, p. 77
  66. ^ Wiecek, 1977, pp. 62-64
  67. ^ a b Kaminski, 1995, pp. 42-43
  68. ^ Finkelman, 1996, pp. 2-4
  69. ^ Ellis, 2015, pp. 17, 88
  70. ^ Bernstein, 1987, pp. 100, 177-178
  71. ^ Rakove, 1996, pp. 58, 73
  72. ^ Amar, 2005, pp. 262, 267, 371
  73. ^ Kaminski, 1995, pp. 18, 202
  74. ^ Klaman, 2016, pp. 7-8
  75. ^ Kaminski, 1995, pp. 18-19
  76. ^ Klaman, 2016, p. 293
  77. ^ Kaminski, 1995, pp. vii-viii
  78. ^ Hacker, 2020, pp. 840-855

Sources:

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