Arts and Humanities Commons^™

Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …

Equality And Singapore’S First Constitutional Challenges To The Criminalization Of Male Homosexual Conduct, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

In 2013, in Lim Meng Suang and Kenneth Chee Mun-Leon v Attorney-General and Tan Eng Hong v Attorney-General, the High Court of Singapore delivered the first judgments in the jurisdiction considering the constitutionality of section 377A of the Penal Code, which criminalizes acts of 'gross indecency' between two men, whether they occur in public or private. The Court ruled that the provision was not inconsistent with the guarantees of equality before the law and equal protection of the law stated in Article 12(1) of the Constitution of the Republic of Singapore. The result was upheld in 2014 by the Court …

Law's Religion: Rendering Culture, Benjamin L. Berger

Benjamin L. Berger

This article argues that constitutional law's inability to deal with religion in a satisfying way flows, in part, from its failure to understand religion as, in a robust sense, culture. Once one begins to understand the Canadian constitutional rule of law itself as a cultural form, it becomes apparent that law renders religion in a very particular fashion, and that this rendering is a product of law's symbolic categories and interpretive horizons. This article draws out the elements of Canadian constitutionalism's unique rendering of religion and argues that, although Canadian constitutionalism claims to understand religion as a culture, this is …

Table Annexed To Article: The Text Of The Standing Orders Of The Federal Convention: Jackson’S And Madison’S Texts Surveyed, Peter Aschenbrenner

Peter J. Aschenbrenner

Drawing on Farrand’s Records of the Federal Convention of 1787, Vol. 1, Our Constitutional Logic has reconciled the differences between the text of the standing Orders as presented in the text of William Jackson, the convention’s secretary, and James Madison, the convention’s semi-official reporter, both as edited by Max Farrand. This text will appear in Basic Texts in the Founding of Parliamentary Science Originating from the United Kingdom and United States (in MR Text Format), 2 OCL 136_5; in turn, OCL is producing the first concordance of these texts in Founding the Science of Parliamentary Procedure, 1785-1789: Basic Texts in …

Thomas Jefferson’S First Inaugural Address In Mr Text Format (March 4, 1801) With Observations On The Tyranny Of The Majority And Tyranny Of The Minority, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents the 1,724 words of Thomas Jefferson’s First Inaugural Address, delivered March 4, 1801. The table annexed hereto presents this work in MR Text format. For OCL’s present purpose TJ’s invocation of TOM-TOM – the mathematical logic which supplies no convenient repose between the tyranny of the majority and the tyranny of the minority – is drawn to the reader’s attention.

Table Annexed To Article: Basic Texts In The Founding Of Parliamentary Science Originating From The United States (In Mr Text Format), Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents basic texts in parliamentary practice searchable in MR Text Format; these texts cover all of the procedural rules and standing orders from September 6, 1774 (the First Continental Congress) through the rules governing the United States Senate as of the publication of Thomas Jefferson’s Manual of Parliamentary Practice (1801).

The Text Of The Standing Orders Of The Federal Convention: Jackson’S And Madison’S Texts Surveyed, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Drawing on Farrand’s Records of the Federal Convention of 1787, Vol. 1, Our Constitutional Logic has reconciled the differences between the text of the standing Orders as presented in the text of William Jackson, the convention’s secretary, and James Madison, the convention’s semi-official reporter, both as edited by Max Farrand. This text will appear in Basic Texts in the Founding of Parliamentary Science Originating from the United Kingdom and United States (in MR Text Format), 2 OCL 136_5; in turn, OCL is producing the first concordance of these texts in Founding the Science of Parliamentary Procedure, 1785-1789: Basic Texts in …

Table Annexed To Article: Delegate Credentialing At The Continental Congress Sampled At The Opening Of Congress On November 3, 1783, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The Continental Congress opened its sessions in November; Our Constitutional Logic has selected the first opening after the Treaty of Paris (September 3, 1783) which is detailed at 25 Journals of the Continental Congress 795-799 on November 3 1783. Credentials were required to be no less than a year old or if of older vintage, the delegate must have presented them to the convention less than a year earlier. OCL supplies notes and comments to the passages keyed in at the table annexed hereto.

Delegate Credentialing At The Continental Congress Sampled At The Opening Of Congress On November 3, 1783, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The Continental Congress opened its sessions in November; Our Constitutional Logic has selected the first opening after the Treaty of Paris (September 3, 1783) which is detailed at 25 Journals of the Continental Congress 795-799 on November 3 1783. Credentials were required to be no less than a year old or if of older vintage, the delegate must have presented them to the convention less than a year earlier. OCL supplies notes and comments to the passages keyed in at the table annexed hereto.

Table Annexed To Article: Twenty-Five Votes That Made The Presidency, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic details the twenty-five votes at the federal convention on August 24 and September 5 and 6, 1787 which resulted in Article II, Section 1, Clauses 1 to 3 (taken as output) from electing the President to making the second-to-the-top vote getter Vice-President. In this table each vote is broken down to show the proposal, the reasoning, the reconciliation between information from Farrand’s Records and the secretary of the convention, William Jackson, and James Madison’s Notes, along with a “rollcall” of those voting in favor or against, individually and by state, and further broken down into Slave_Owners and …

Why Do Political Societies Exist?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic details three overarching purposes of political societies considered as constructs within civil or bourgeois society: (1) promoting of private wealth (and its counterpart goal: avoiding wealth destruction); (2) disabling hostility to minorities identified as such; (3) setting a threshold by which minorities (in coalition) may block organic change.

Table Annexed To Article: Thomas Jefferson’S First Inaugural Address In Mr Text Format (March 4, 1801) With Observations On The Tyranny Of The Majority And Tyranny Of The Minority,, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents the 1,724 words of Thomas Jefferson’s First Inaugural Address, delivered March 4, 1801. The table annexed hereto presents this work in MR Text format. For OCL’s present purpose TJ’s invocation of TOM-TOM – the mathematical logic which supplies no convenient repose between the tyranny of the majority and the tyranny of the minority – is drawn to the reader’s attention.

The Pasha’S ‘Declaration Of Initiative’, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The Pasha has yet more, in this sixth article, to regret, and a Proclamation to his subjects in Far Far Away Sylvania seems in order. With the inestimable assistance of Grand Vizier, one is drafted. By coincidence the text of what we know as the Declaration of Rebellion, August 23, 1775 is at hand. This is has inspired the Pasha to his Declaration of Initiative. King George III isn’t mocked in this article, but the mysteries of text declaring the limits of power sharing, that is, text defining the limits of textual reliability, are surely gored.

Ambedkar And Constituent Assembly, Vivek Kumar Srivastava Dr.

Vivek Kumar Srivastava Dr.

Ambedkar was instrumental in drafting of India constitution but he had his own vision for the constitution.

Table Annexed To Article: Governments I And Ii Govern The Northwest Territories, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents, in both RC text and PDF text format, the legislative output of the Continental Congress and the first federal Congress by which the Northwest Territories were organized and brought within the orbit of the political society governed by the United States.

Details Of Political And Civil Service For Thirty-Five General Officers Serving In The Second War For American Independence, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has supplied A Census of Thirty-Five General Officers Appointed By Madison Before or During The Second War for American Independence, 2 OCL 915_Generals_Main; that project surveyed the 35 general officers who served in the regular army from June, 1812 through February, 1815, during the Second War for American Independence. The political and civil offices for each officer are named along with years of service and a total for all such civilian service

Table Annexed To Article: Birthing The Michigan Territory As A Nascent State, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents, in PDF text format, two statutes of the United States relevant to the founding of the Michigan Territory in 1805.

Details Of Military Service For Thirty-Five General Officers Serving, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has supplied A Census of Thirty-Five General Officers Appointed By Madison Before or During The Second War for American Independence, 2 OCL 915_Generals_Main; that project surveyed the 35 general officers who served in the regular army from June, 1812 through February, 1815 during the Second War for American Independence. The military service for each officer is detailed along with the most previous battlefield experience prior to selection.

A Census Of Thirty-Four General Officers Appointed By James Madison, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler

Laura S. Underkuffler

No abstract provided.

Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler

Laura S. Underkuffler

No abstract provided.

An Introduction To Quorum Issues At The Federal Convention, Peter Aschenbrenner

Peter J. Aschenbrenner

The first Standing Order of the federal convention directed voting by states under a ‘one state, one vote’ formula, but without the fatal ‘one state, one veto’ formula which Rhode Island abused in the Confederation Congress. “A House to do business shall consist of the Deputies of not less than seven States; and all questions shall be decided by the greater number of these which shall be fully represented; but a less number than seven may adjourn from day to day.” See A Survey of the Standing Orders of the Federal Convention and the Differences Between Jackson’s and Madison’s Text, …

Calling All Senators: Can A Few States Overthrow The Government?, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic analyzes the mathematical logic of quorum requirements for the United States Senate in the early American republic. Constitutions I and II provided quorum minimums as counts and proportions; Constitution II set forth a proportional quorum (“majority of members”) requirement for legislative action but its action requirement must be teased out, at least for the Senate. Threats arising from any would-be tyranny of the minority are addressed as an introduction to The Vice-President’s Two Votes: Introducing the Mathematical Logic of TOM-TOM, 17 OCL 185, in which the Tyranny of the Majority and Tyranny of the Minority receive attention.

Details Of Committee Membership At The Federal Convention, Peter Aschenbrenner

Peter J. Aschenbrenner

From May 25 through September 13, 1787 the convention appointed twelve committees of which eleven reported. (The work of the Committee of the Whole House, technically not a committee, is addressed elsewhere.) Our Constitutional Logic calendars the committees by full name, date established and the date on which it reported to the convention. Each delegate’s assignments are then detailed and cumulated; the reader can identify the ‘never serving’ delegates – there are 19 of 55 who never served – and the workhorse delegates: King and Williamson served on five committees apiece, with King taking ‘top committeeman’ honours based on his …

The Standard Model Introduced, Peter Aschenbrenner

Peter J. Aschenbrenner

The standard model offers civil society’s perspective on the creation, management and disposition of political society. There is a one-to-one relationship between a civil society and a political society. Each political society creates, manages and disposes of systems. Taken as a system-of-systems, a political society fulfills service missions on behalf of and at the behest of the civil society. Agreement on this point may be drawn from Aristotle to Burke: civil society views a political society as a contrivance to fulfill its needs. Our Constitutional Logic offers three purposes of political societies considered as constructs within civil or bourgeois society: …

The Standard Model And Its Service Missions, Peter Aschenbrenner

Peter J. Aschenbrenner

The standard model offers civil society’s perspective on the creation, management and disposition of political society. For purposes of this investigation, political societies are treated as chartered organizations. Taken as a system-of-systems, a political society fulfills service missions on behalf of and at the behest of the civil society. What are service missions? What are types of service missions? And how do they differ from systems? Our Constitutional Logic answers these questions.

The Standard Model’S Eight Modules And How They Advanced The Eighteenth Century's Agenda, Peter J. Aschenbrenner

Peter J. Aschenbrenner

‘Why do things have to come out that way?’ Sometime earlier than the fifth century B.C. this question was put to some public body or actor and the available solutions dissected. It turned out that since the systems of a political society were organized to distribute benefits to the members of civil society, many of the systems were designed to deliver product which could be assessed as to quality of output before the output was delivered. Our Constitutional Logic investigates.

Table Annexed To Article: Armstrong’S Hints Passed Through To Armstrong’S Notices, Peter J. Aschenbrenner

Peter J. Aschenbrenner

After James Madison effectively sacked his Secretary of Defense (August 29), it took John Armstrong until September 4, 1814 to post his resignation. Armstrong’s campaign to revive his reputation matured two decades later, with the publication of his Notices of the War of 1812 (New York: Wiley & Putnam, 1840; 1st ed. 1836). This work offered his readers a species of apologetics, vilification and whining which has few equals in a literature rich in overt posturing and distorted narrative. There is one feature which is unique: Armstrong was able to draw on his own work, Hints for Young Generals, which …

Aristotle Divides ‘Laws Correctly Laid Down’ From ‘Laws Necessarily Just’, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Table Annexed To Article: Hatsell’S Precedents Of Proceedings (Vol. 2, 2nd Ed., 1785) Extracted For Comparison With Other Basic Texts, Peter J. Aschenbrenner

Peter J. Aschenbrenner

John Hatsell served as Assistant Clerk to the House of Commons (later Clerk) and his four-volume Precedents of Proceedings has achieved a well-deserved iconic status among students of parliamentary practice. Our Constitutional Logic has extracted 58,277 words from Vol. 2, 2nd ed., 1785 for comparison with four principal American texts consisting of procedural rules in legislative assemblies and the federal convention. All five texts now appear in Five Basic Texts in the Founding of Parliamentary Science Originating from the United Kingdom and United States (in MR Text Format), 2 OCL 136_5; in turn, OCL is producing the first concordance of …