History Commons^™

Table Annexed To Article: Bentham's Sieve: Restraining Officials And Entities In The Early Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Jeremy Bentham’s sieve, tidied up, divides sovereign Shouldstatements into responsibilities and disabilities. Responsibilies are subdivided into commands and permissions. Conditional or contingent statements, dependent as they must be on a future real world, are merely hum-drum expressions of the machinery of governing. A survey of restraints appears from the avalanche of 229 deployments of ‘shall’ in the Early Constitution.

Table Annexed To Article: Jeremy Bentham Mocks The Declarations, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Jeremy Bentham’s sieve, tidied up, divides sovereign Shouldstatements into responsibilities and disabilities. Responsibilies are subdivided into commands and permissions. Conditional or contingent statements, dependent as they must be on a future real world, are merely hum-drum expressions of the machinery of governing. A survey of restraints appears from the avalanche of 229 deployments of ‘shall’ in the Early Constitution.

Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-1836, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In the second of three articles, the works of Madison and Hamilton, from The Federalist Papers through the bank bill debate, and continuing with Madison’s post-1817 works are surveyed. The survey covers 151 works (essays, speeches and letters) over 49 years which consist of 265,859 words. The results count 41 uses of ‘exigencies’ (and its affiliate ‘exigency’) in these works.

Hamilton And Madison Deploy ‘Necessary’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Semantic Values Surveyed, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In the second of three articles, word counts are supplied for each value of ‘necessary,’ highlighting the divergent ‘necessary’ = consequence’ and ‘necessary’ = text crafting. The survey covers 151 works (essays, speeches and letters) over 49 years which consist of 265,859 words. , from The Federalist Papers through the bank bill debate, and continuing with Madison’s post-1817 works are surveyed. The survey covers 151 works (essays, speeches and letters) over 49 years which consist of 265,859 words. The results count 487 uses of ‘necessary’ (and its affiliates) in these works.

Table Annexed To Article: Hamilton And Madison Deploy ‘Necessary’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Semantic Values Surveyed, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In the second of three articles, word counts are supplied for each value of ‘necessary,’ highlighting the divergent ‘necessary’ = consequence’ and ‘necessary’ = text crafting. The survey covers 151 works (essays, speeches and letters) over 49 years which consist of 265,859 words. , from The Federalist Papers through the bank bill debate, and continuing with Madison’s post-1817 works are surveyed. The survey covers 151 works (essays, speeches and letters) over 49 years which consist of 265,859 words. The results count 487 uses of ‘necessary’ (and its affiliates) in these works.

The Parable Of The Miscreant Agent: The Oracle Of The Constitution Denies It Is The Oracle, Peter J. Aschenbrenner

Peter J. Aschenbrenner

A delegate is appointed to represent the state of Mesosylvania at the constitutional convention; Jane travels to the convention and attends, but follows the instructions of the convention as to how and what she reports to the Governor and Grand Councillors. The logic of principal and agent (anterior to the constitution) is hinted at, but just barely.

Staying The Propanganda Machine: How The Logic Of Secrecy Exposes Possibilities And Probabilities In The Ratification Process, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The Standing Orders of the Philadelphia convention were modified on May 29, 1787 (what would have been their first day on the job) to drop the veil of secrecy over the work of the convention. Considered as a maneuver of preëemption against opponents of reform (outcome expected, given Congress’ resolution of February 21, 1787) the logic of secrecy exposes the possibility that it was a delaying device, staying the hand of reform supporters to launch their efforts until ‘signalled’ via publication of the final constitutional text.

Table Annexed To Article: Hamilton And Madison Deploy ‘Necessary’ In Works Dated To 1787/88, 1790/91 And 1817-36 Semantic Values Surveyed Through Quotations, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In this first of three articles, the semantic values of ‘necessary’ are separated into two groups, beginning with The Federalist Papers, with the focus being on the works of Alexander Hamilton and James Madison. In the second tranche of works, their efforts – now as opponents – in the bank bill debate are examined; in the third, given Hamilton’s death in 1804, only Madison’s words are examined. Like ‘constitution,’ ‘necessary’ also offers competing values at the quantum level of analysis. Three different values are discoverable.

Table Annexed To Article: Hamilton And Madison Deploy ‘Necessary’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Surveyed By Percent Of Words In Source, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In this third of three articles, semantic values invoked by Madison and Hamilton for ‘necessary’ = consequence and ‘necessary’ = text crafting are cumulated. Word counts come into play, with the frequency (by percent) multiplied by 1000 for ready comparison. Semantic cleansing is scored.

Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836: Semantic Values Surveyed With Quotations, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In this first of three articles, the semantic values of ‘constitution’ and ‘constitutional’ are spread through an eleven way grid, beginning with The Federalist Papers, with the focus being on the works of Alexander Hamilton and James Madison. In the second tranche of works, their efforts – now as opponents – in the bank bill debate are examined; in the third, given Hamilton’s death in 1804, only Madison’s words are examined.

Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Semantic Values Surveyed And Cumulated, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In the second of three articles, the works of Madison and Hamilton, from The Federalist Papers through the bank bill debate, and continuing with Madison’s post-1817 works are surveyed. Through 151 works (essays, speeches and letters) over 49 years, word counts are supplied for each value in the eleven-way grid for values of ‘constitution,’ highlighting the divergent ‘constitution’ = text and ‘constitution’ = government. The 946 uses of ‘constitution’ in 49 years in these 151 works appear in 265,859 words.

Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Surveyed By Percent Of Words In Source, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In the last of three articles, OCL surveys the deployment of ‘constitution’ through The Federalist Papers, the bank bill debates and the remainder of Madison’s life (post-presidency). Numeric values for hits are computed for the range of semantic values, with the focus being constitution = text (locatable in only one place) competing with constitution = government. A net score is proposed which measures the effort an author has expended to ‘cleanse’ his semantic palette by employing one semantic value over a competing value.

Table Annexed To Article: Our Constitutional Logic Roadmaps Single Word Searches Across Single Or Multiple Work/S, Peter J. Aschenbrenner

Peter J. Aschenbrenner

When authors speak, first as co-authors in collegial alliance, and later as opponents in a nation’s first major dust-up – a national bank is at the center of the controversy – searching out quantum values divulged and obscured, along with ‘null’ results returned at the quantum level supplies an investigator with plenty of raw material for analysis. The approach is roadmapped in his article and the table annexed.

National Legislators Appraise Their World: A Comparison Of Us And Uk Text Writers (1801/1802), Peter J. Aschenbrenner

Peter J. Aschenbrenner

Parliament (primary text writer, the House of Commons) produced 26,647 words beginning in 1801; in in a comparable interval, Congress produced 27,123 words. By happy coincidence, this was the first year that Parliament served as the text-writer for the newly-minted United Kingdom of Great Britain and Ireland. Appraisives in the English language, numbering 3,687 have been tested against the Early Constitution. Appraisives in the Early Constitution, 2 OCL 193. This investigation tests the known class of appraisives in these target vocabularies employed by Congress and Parliament. Mean words between ‘hits’ are returned.

Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Semantic Values Surveyed And Cumulated, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In the second of three articles, the works of Madison and Hamilton, from The Federalist Papers through the bank bill debate, and continuing with Madison’s post-1817 works are surveyed. Through 151 works (essays, speeches and letters) over 49 years, word counts are supplied for each value in the eleven-way grid for values of ‘constitution,’ highlighting the divergent ‘constitution’ = text and ‘constitution’ = government. The 946 uses of ‘constitution’ in 49 years in these 151 works appear in 265,859 words.

Our Constitutional Logic Roadmaps Single Word Searches Across Single Or Multiple Work/S, Peter J. Aschenbrenner

Peter J. Aschenbrenner

When authors speak, first as co-authors in collegial alliance, and later as opponents in a nation’s first major dust-up – a national bank is at the center of the controversy – searching out quantum values divulged and obscured, along with ‘null’ results returned at the quantum level supplies an investigator with plenty of raw material for analysis. The approach is roadmapped in his article and the table annexed.

Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Surveyed By Percent Of Words In Source, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In the last of three articles, OCL surveys the deployment of ‘constitution’ through The Federalist Papers, the bank bill debates and the remainder of Madison’s life (post-presidency). Numeric values for hits are computed for the range of semantic values, with the focus being constitution = text (locatable in only one place) competing with constitution = government. A net score is proposed which measures the effort an author has expended to ‘cleanse’ his semantic palette by employing one semantic value over a competing value.

Table Annexed To Article: The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL surveys United States Supreme Court cases from 1791 to 1900 for deployment of the phrase stare decisis in opinions and published arguments before the Court. The people, as Madison conceded, make their own precedents by approving (prior) official action taken by current officials as a foundation for resolving issues-of-the-day.

Table Annexed To Article: James Madison’S ‘Imperfections Of Language’, Peter J. Aschenbrenner

Peter J. Aschenbrenner

No abstract provided.

Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ Surveyed By Percent Of Words In Source, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In the last of three articles, OCL surveys the deployment of ‘constitution’ through The Federalist Papers, the bank bill debates and the remainder of Madison’s life (post-presidency). Numeric values for hits are computed for the range of semantic values, with the focus being constitution = text (locatable in only one place) competing with constitution = government. A net score is proposed which measures the effort an author has expended to ‘cleanse’ his semantic palette by employing one semantic value over a competing value.

Tea With The Chief: Ocl Interviews Chief Justice Rehnquist, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Annexed to the room in which the justices conference after oral argument, a chamber offers gilt-on-marble in fashion art deco: Rockefeller Center, the steamship Normandie, architectural tastes of futurismo dimension. In short, full on 1930s and architect Cass Gilbert letting his imagination take wing. This interview (re)launched OCL’s career as constitutional historian, following on two years’ study of the Nicomachean Ethics and the Politics. This is one of the few interviews not recorded on audiotape. Other interviewees include Michael Foote, J.O. Urmson, and Benson Mates. The interview (in context) continues in the next article. A longer recollection of this interview …

“The Idea Of Freedom Might Be Too Great A Temptation For Them To Resist", Peter J. Aschenbrenner

Peter J. Aschenbrenner

Table Annexed To Article: Wrongfully ‘Established And Maintained’: A Census Of Congress’S Sins Against Geography, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Taney, C.J. opined, for a majority of the Supreme Court, that Congress lacked the power to establish and maintain colonies as a system by which nascent states were groomed by Congress to join an expanding union. Dred Scott v. Sandford, 60 U.S. 393 (1857). Did Congress wrongfully acquire half a continent? And what was the state of the union as of the Dred Scott decision?

Table Annexed To Article: From Treaty To Territory: Ocl Inventories American Expansion, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL discusses patterns in state-making including nascent and nearly-nascent states. Divisions in acquisition and organization of land as well as management of territorial boundaries through multiple subdivisions are discussed.

Wrongfully ‘Established And Maintained’: A Census Of Congress’S Sins Against Geography, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Taney, C.J. opined, for a majority of the Supreme Court, that Congress lacked the power to establish and maintain colonies as a system by which nascent states were groomed by Congress to join an expanding union. Dred Scott v. Sandford, 60 U.S. 393 (1857). Did Congress wrongfully acquire half a continent? And what was the state of the union as of the Dred Scott decision?

Table Annexed To Article: Taney’S Complaint: This Country’S Too Darn Big For Moveables, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Taney’s Dred Scott decision complains that Dred Scott’s freedom’s a federal taking of private property without compensation, a Fifth Amendment violation. How should mobilia be governed, given the nearly four dozen law-making jurisdictions, which, of 1857, are in the business of regulating attributes of mobilia; that is, assigning predicates to objects? A schema for tracking the claims teased out of Taney’s opinion is proposed. Can predicates in motion be made permanent?

Mr. Taney’S ‘Capital Gap’: Charting The Growth Of The Federal Colony System, 1789-1960, Peter J. Aschenbrenner

Peter J. Aschenbrenner

When Chief Justice Roger Taney conceded the existence of ‘colonies … established and maintained’ by the federal government, albeit denying ‘power given’ in the Constitution, he had the corpus of American history to contend with. The ‘capital gap,’ as OCL defines it, supplies several measures: the balance of power between regions, the remaining inventory of nascent (ready to be made) states (=territories), the remaining inventory of available territories in gross or subdividable, and for the latter two, the net of these inventories on a regional basis. Taney’s opinion, in this fourth in a series, rises or falls on the historical …

The Imperial Semicolon Holds Court At Il Ristorante Beauflanx, Selections From Story Conquers, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Alaska Territory, July, 1947, Il Ristorante Beauflanx: At a dinner party the assembly turns its attention to the Imperial semicolon, citation to works published before the reign of Otto III, and the competing virtues of the double (“) vs. the single (‘) quotation mark. Dydo Barclay presides. Orthographically correct footwear does not make its appearance, however.

Table Annexed To Article: Mr. Madison Counts The Debates Of ‘The People In Their Conventions’, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Madison referred to the ‘sense’ of the Constitution as the ‘sense attached to it by the people in their conventions.’ OCL tables the availability of that ‘sense’ as a resource through the publication (or lack thereof) of ratification convention journals and debates.

Table Annexed To Article: Appraisives In The Early Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The vocabulary of the federal constitution includes appraisives such as ‘needful’, ‘comfort’ and ‘good.’ These are words employed when the writer is making a value judgment and wants the reader to know that a judgment has been made at the time of the communicative act. In addition, these words can be employed when the writer permits, commands, or prohibits the reader’s conduct in the future. Appraisives used in the Early Constitution are surveyed.