Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Studies

PDF

Selected Works

Federal convention

Articles 1 - 15 of 15

Full-Text Articles in Law

Table Annexed To Article: A Survey Of The Federal Convention's Note-Takers, Peter J. Aschenbrenner Oct 2014

Table Annexed To Article: A Survey Of The Federal Convention's Note-Takers, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787. The best known are Major Wm. Jackson and James Madison, the convention’s official Secretary and its unofficial note-taker, respectively. The efforts of all twelve note-takers are surveyed by output.


Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter Aschenbrenner Nov 2013

Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter Aschenbrenner

Peter J. Aschenbrenner

Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the choices underlying various clauses. However, no delegate had access to the official journal of the constitutional convention.


Table Annexed To Article: Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter J. Aschenbrenner Oct 2013

Table Annexed To Article: Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the choices behind various clauses. However, no delegate had access to the official journal of the constitutional convention.


Delegate Arrivals At Philadelphia Compared To Voting Records At The Ratification Conventions By State, Peter J. Aschenbrenner, David Kimball Sep 2013

Delegate Arrivals At Philadelphia Compared To Voting Records At The Ratification Conventions By State, Peter J. Aschenbrenner, David Kimball

Peter J. Aschenbrenner

Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Eleven states ratified the Constitution between December 7, 1787 and July 26, 1788. When delegate arrival dates are compared with the order in which their respective state ratification conventions completed their business, a significant number of delegates supporting the constitution are missing in action.


Table Annexed To Article: The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner Apr 2013

Table Annexed To Article: The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL explores the mathematical logic of blocking power, that is, the power to block organic change. In Constitution I (the Articles of Confederation) the formula was absurdly simple. Any state, no matter how geographically small, economically insignificant and revoltingly irrelevant could block organic change desired by all the other constituents. Hence, secession orchestrated (via Constitution II) so that the first nine states (willing to do so) could secede from Rhode Island.


The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner Apr 2013

The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL explores the mathematical logic of blocking power, that is, the power to block organic change. In Constitution I (the Articles of Confederation) the formula was absurdly simple. Any state, no matter how geographically small, economically insignificant and revoltingly irrelevant could block organic change desired by all the other constituents. Hence, secession orchestrated (via Constitution II) so that the first nine states (willing to do so) could secede from Rhode Island.


A Survey Of Note-Takers In Farrand, Peter J. Aschenbrenner Mar 2013

A Survey Of Note-Takers In Farrand, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Twelve writers took notes of proceedings at the federal convention beginning in May, 1787 at Philadelphia. The best known are Major Wm. Jackson and James Madison, the convention’s official Secretary and its unofficial note-taker, respectively. The efforts of all twelve note-takers are surveyed by output.


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.


What Happened On July 6, 1787 And Why It Matters, Peter Aschenbrenner Jun 2012

What Happened On July 6, 1787 And Why It Matters, Peter Aschenbrenner

Peter J. Aschenbrenner

The first Standing Order of the Philadelphia convention provided for per stirpes voting, that is, voting by state, but set the quorum requirement at seven and the action requirement at four, that is, an arithmetic majority/majority. Divided states (delegates equal in number on each side of a question) were counted towards the quorum requirement. The significance of a disputed vote on July 6 is explained.


Table Annexed To Article: What Happened On July 6, 1787 And Why It Matters, Peter J. Aschenbrenner May 2012

Table Annexed To Article: What Happened On July 6, 1787 And Why It Matters, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The first Standing Order of the Philadelphia convention provided for per stirpes voting, that is, voting by state, but set the quorum requirement at seven and the action requirement at four, that is, an arithmetic majority/majority. Divided states (delegates equal in number on each side of a question) were counted towards the quorum requirement. The significance of a disputed vote on July 6 is explained.


Table Annexed To Article: Who Were The Superfounders? And Why Does It Matter?, Peter J. Aschenbrenner May 2012

Table Annexed To Article: Who Were The Superfounders? And Why Does It Matter?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Thirty-two of the fifty-five delegates who attended the federal convention went on to attend a ratifying convention; twenty-five are Yes-Founders and one, Gov. Edmund Randolph, won his ‘SuperFounder’ status at the Virginia Ratifying Convention. Never before surveyed as a group, the table annexed names the SuperFounders and details their opposite numbers, the NoFounders.


Table Annexed To Article: Ages Of The Delegates At The Federal Convention, Peter J. Aschenbrenner Apr 2012

Table Annexed To Article: Ages Of The Delegates At The Federal Convention, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Of the fifty-five delegates who attended the federal convention at Philadelphia in 1787, the median in age was Oliver Ellsworth of Connecticut, thirty-two years old. The delegate with the median remaining life span was Jacob Broom of Delaware (thirty-three years). The early arrivers were neither older nor younger than the others. Nor were they marked down for a shorter or longer remaining lifespan.


Table Annexed To Article: The Few, The Happy Few, Peter J. Aschenbrenner Mar 2012

Table Annexed To Article: The Few, The Happy Few, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The fifty-five credentialed delegates who attended (at least one or more) sessions of the Philadelphia convention supplied thirty-nine delegate signatories. But this figure is not the fewest number of delegates who could have organized the United States of America; that is, a new government which would substitute for (or secede from) the United States in Congress Assembled, the style of the (then existing) government under the Articles of Confederation.


The Few, The Happy Few: How Many Delegates Would Be Required To Organize The United States Of America?, Peter J. Aschenbrenner Mar 2012

The Few, The Happy Few: How Many Delegates Would Be Required To Organize The United States Of America?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The fifty-five credentialed delegates who attended (at least one or more) sessions of the Philadelphia convention supplied thirty-nine delegate signatories. But this figure is not the fewest number of delegates who could have organized the United States of America; that is, a new government which would substitute for (or secede from) the United States in Congress Assembled, the style of the (then existing) government under the Articles of Confederation.


Chart Annexed To Article: Delegate Arrivals In Philadelphia Compared To Voting Records, Peter Aschenbrenner, David Kimball Mar 2012

Chart Annexed To Article: Delegate Arrivals In Philadelphia Compared To Voting Records, Peter Aschenbrenner, David Kimball

Peter J. Aschenbrenner

Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Eleven states ratified the Constitution between December 7, 1787 and July 26, 1788. When delegate arrival dates are compared with the order in which their respective state ratification conventions completed their business, a significant number of delegates supporting the constitution are missing in action.