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2013

Constitutional History

Constitutional Law

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Full-Text Articles in History

Hamilton And Madison Deploy ‘Necessary’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner Mar 2013

Hamilton And Madison Deploy ‘Necessary’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter 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.


Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner Mar 2013

Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner

Peter J. Aschenbrenner

In this first of three articles, the reader’s attention is directed to ‘exigencies’ through quotations drawn from the The Federalist Papers (the focus being on the works of Alexander Hamilton and James Madison). This article then explores their semantic contest in the bank bill debate; finally, given Hamilton’s death in 1804, Madison’s works (from 1817-1836) are examined and quotations drawn from that material.


Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Surveyed By Percent Of Words In Source, Peter Aschenbrenner Mar 2013

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

Peter J. Aschenbrenner

In this third of three articles, frequencies by Madison and Hamilton for ‘exigencies’ are cumulated. Hits surveyed in the three disputed essays are divided equally between Madison and Hamilton. Frequency (by percent) is multiplied by 1000 for ready comparison. The Word vs. the Need contest for primacy at the supra-constitutional level; JM and AH are scored accordingly.


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

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.


Bentham's Sieve: Restraining Officials And Entities In The Early Constitution, Peter J. Aschenbrenner Feb 2013

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: Text Of The Articles Of Confederation In Machine Readable Format And In Constitutional Text Unit Format, Peter J. Aschenbrenner Feb 2013

Table Annexed To Article: Text Of The Articles Of Confederation In Machine Readable Format And In Constitutional Text Unit Format, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL supplies text of important constitutional documents in MR (Machine Readable) and CTU (Constitutional Text Unit) format which presentations follow strict guidelines. The 3,466 words of the Articles of Confederation are tabled, with the ‘In Witness Whereof’ excluded, but the Preamble included.


Table Annexed To Article: Hamilton And Madison Deploy ‘Exigencies’ 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 ‘Exigencies’ 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, frequencies by Madison and Hamilton for ‘exigencies’ are cumulated. Hits surveyed in the three disputed essays are divided equally between Madison and Hamilton. Frequency (by percent) is multiplied by 1000 for ready comparison. The Word vs. the Need contest for primacy at the supra-constitutional level; JM and AH are scored accordingly.


Table Annexed To Article: Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter J. Aschenbrenner Feb 2013

Table Annexed To Article: Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In this first of three articles, the reader’s attention is directed to ‘exigencies’ through quotations drawn from the The Federalist Papers (the focus being on the works of Alexander Hamilton and James Madison). This article then explores their semantic contest in the bank bill debate; finally, given Hamilton’s death in 1804, Madison’s works (from 1817-1836) are examined and quotations drawn from that material.


Table Annexed To Article: Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-1836, Peter J. Aschenbrenner Feb 2013

Table Annexed To Article: 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.


Table Annexed To Article: Bentham's Sieve: Restraining Officials And Entities In The Early Constitution, Peter J. Aschenbrenner Feb 2013

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 Feb 2013

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 Feb 2013

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 Feb 2013

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 Feb 2013

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 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.


Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836: Semantic Values Surveyed With Quotations, Peter Aschenbrenner Feb 2013

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


Taney’S Zeno And Scalia’S Mobilia, Peter Aschenbrenner Jan 2013

Taney’S Zeno And Scalia’S Mobilia, Peter Aschenbrenner

Peter J. Aschenbrenner

Zeno’s most famous paradox (of motion) is related to us through Aristotle, who presents Zeno’s ‘problems’ in his Physics, 239b11-14. Aristotle “asserts (on Zeno’s behalf) the non-existence of motion on the ground that any object in locomotion must arrive at the half-way stage before it arrives at the goal.”


The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter Aschenbrenner Jan 2013

The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter 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: 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.