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Selected Works

2013

Constitutional History

Legal Theory

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Articles 31 - 44 of 44

Full-Text Articles in History

The Parable Of The Miscreant Agent: The Oracle Of The Constitution Denies It Is The Oracle, Peter J. Aschenbrenner Feb 2013

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 Feb 2013

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 Feb 2013

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 Feb 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Dec 2012

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 Dec 2012

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

Peter J. Aschenbrenner

No abstract provided.