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Articles 31 - 60 of 122
Full-Text Articles in Constitutional Law
Dr. Franklin's Dilemma: Per Capita Meets Per Stirpes At The Federal Convention, Peter J. Aschenbrenner
Dr. Franklin's Dilemma: Per Capita Meets Per Stirpes At The Federal Convention, Peter J. Aschenbrenner
Peter J. Aschenbrenner
At the federal convention, Benjamin Franklin highlighted the difference between the two voting regimes which divide the logical possibilities between them: per capita and per stirpes. Franklin forced the convention to consider what process was best designed to overcome the presumption of rejection by which assemblies are deemed to have rejected action.
The Decline Of Virginia’S Voting Strength In Congress, Peter J. Aschenbrenner
The Decline Of Virginia’S Voting Strength In Congress, Peter J. Aschenbrenner
Peter J. Aschenbrenner
The voting strength of the original thirteen states declined as new states entered the Union and population moved west. OCL tables the changes in Virginia’s congressional delegation. The information backgrounds Sen. Calhoun’s speech (March 4, 1850) against the Compromise of 1850.
Who Were The Superfounders? And Why Does It Matter?, Peter J. Aschenbrenner
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 No-Founders.
Table Annexed To Article: The Crittenden Amendment: The Key To American History, Peter J. Aschenbrenner
Table Annexed To Article: The Crittenden Amendment: The Key To American History, Peter J. Aschenbrenner
Peter J. Aschenbrenner
“Whereas, serious and alarming dissensions have arisen between the Northern and Southern States,” the Crittenden amendment (1860-1861) proposed “constitutional provisions, which shall do equal justice to all sections, and thereby restore to the people that peace and good will which ought to prevail between all the citizens of the United States.” So what was wrong with the 5,224 words of the federal constitution that these 1,348 words were going to fix?
Comunicação Política, Paulo Ferreira Da Cunha
Comunicação Política, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
A sociedade de hipercomunicação e de espetáculo têm regras novas, que ainda não terão sido completamente assimiladas. Neste artigo se reflete quase aforisticamente sobre os problemas do diálogo em relação com a educação dos participantes, as bases de comunhão em que qualquer discussão tem de basear-se, o discurso do poder para o povo e do povo para o poder, as figuras deste, a perceção e a caricatura da realidade com aquele fim, e finalmente o papel comunicativo do representante.
Table Annexed To Article: Mr. Madison Speaks Out: Re-Creation Text Sourced From The Farrand Survey And Detached Memoranda, Peter Aschenbrenner
Table Annexed To Article: Mr. Madison Speaks Out: Re-Creation Text Sourced From The Farrand Survey And Detached Memoranda, Peter Aschenbrenner
Peter J. Aschenbrenner
The text of James Madison�s Letters from Farrand�s Volume III are analyzed along with Madison�s �Detached Memoranda,� his constitutional testament.
Table Annexed To Article: Madison’S Top Twenty Words In Farrand And The Detached Memoranda,, Peter Aschenbrenner
Table Annexed To Article: Madison’S Top Twenty Words In Farrand And The Detached Memoranda,, Peter Aschenbrenner
Peter J. Aschenbrenner
Abstract. Madison’s entries in Farrand after 1817, his Detached Memoranda, and his essays in The Federalist Papers are analyzed for word frequencies.
Table Annexed To Article: Text Of Early State Bills Of Rights, Peter J. Aschenbrenner
Table Annexed To Article: Text Of Early State Bills Of Rights, Peter J. Aschenbrenner
Peter J. Aschenbrenner
The thirteen newly-organized colonies (states) began to adopt Bills of Rights. These are presented in Constitutional Text Unit format and analyzed.
Table Annexed To Article: Dual Office Holding / Status Acquisition In The Federal Constitution: The Logic Of Aspirations Introduced, Peter J. Aschenbrenner
Table Annexed To Article: Dual Office Holding / Status Acquisition In The Federal Constitution: The Logic Of Aspirations Introduced, Peter J. Aschenbrenner
Peter J. Aschenbrenner
The federal constitution addresses a number of situations in which an aspirant to office or status must abide by requirements/prohibitions regarding dual office holding and status acquisition. The pertinent provisions are reviewed and logical aspects of this issue are introduced.
Recovered Textures In The Early Constitution: Schemes Vs. Dreams, Peter J. Aschenbrenner
Recovered Textures In The Early Constitution: Schemes Vs. Dreams, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Are the Philadelphia Constitution and the Bill of Rights works of art? If so, how would critics describe these works in program notes? Contrast is the order of the day: the features of each one, played against the other. Goethe, Cervantes, Beethoven , Wagner and the divine Wolfgang are invoked, along with Pope, Richardson, and the Immortal Bard.
Crafting The Northwest Ordinance Of 1787: Tracking Delegates Blount, Few, Pierce And Butler, Peter J. Aschenbrenner
Crafting The Northwest Ordinance Of 1787: Tracking Delegates Blount, Few, Pierce And Butler, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Tracking Paths of Four Men Who were Delegates and Attendees at both the 1787 Federal Convention and the 1787 Session of the Continental / Confederation Congress, when combined with internal quorum requirements of the Congress, yields significant information about the adoption of the Northwest Ordinance. First in a series.
Table Annexed To Article: What The Polar Bears Taught The Cops, Peter J. Aschenbrenner
Table Annexed To Article: What The Polar Bears Taught The Cops, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Charting of Shouldstatements is explored: while parliamentary procedure guides delegates at a constitutional assembly, who, in ordered discourse will tease out goodness, right and duty statements, the delegates could, on the voicing of any proposal, generate twelve statements by resort to a routine which deploys grammatically correct sentences.
Funcionários Públicos E Preconceitos Privados, Paulo Ferreira Da Cunha
Funcionários Públicos E Preconceitos Privados, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Açoitado pela crise, o País está crispado, e aponta o dedo a bodes expiatórios. Os verdadeiros culpados pela crise são porém fáceis de encontrar - e nalguns países encontraram-nos, julgaram-nos e condenaram-nos. Mas é interessante como aqui se desviam as atenções para grupos tradicionalmente estigmatizados pelas culpas alheias. Um dos alvos preferidos são os funcionários públicos.
Direito À Língua Portuguesa E Lusofonia, Paulo Ferreira Da Cunha
Direito À Língua Portuguesa E Lusofonia, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Há manobras de diversão no problema do Direito à Língua, nos países lusófonos. Não é o Acordo ortográfico que nos deita os parentes na lama (muita da argumentação contra ele parece ser xenófoba, preconceituosa, etc.). O que realmente nos prejudica a língua e a cabeça lusófona é a capitulação provinciana de muitos de nós e das nossas instituições ao falar e ao pensar da globalização. Porque a Língua é a casa do ser, se falarmos (e pensarmos) muito numa língua alheia, a nossa cabeça começa a moldar-se à cosmovisão desse idioma. Sem prejuízo, é claro, da necessidade de conhecer o …
The Logic Of Aspirations: Dual Office Holding / Status Acquisition Issues, Continued, Peter Aschenbrenner
The Logic Of Aspirations: Dual Office Holding / Status Acquisition Issues, Continued, Peter Aschenbrenner
Peter J. Aschenbrenner
Constitutional and customary prohibitions on (a) dual office holding in government or (b) acquisition of status – along with other requirements, typically with conditions – are commonplace. Those seeking to acquire an office or enjoy a status are obliged to conform their aspirations to these rules, the logic of which is explored.
Workshop Text For Powerpoint: Unanimous Decisions Of The Supreme Court, Peter Aschenbrenner
Workshop Text For Powerpoint: Unanimous Decisions Of The Supreme Court, Peter Aschenbrenner
Peter J. Aschenbrenner
How can we explain so many unanimous decisions if justices of the United States Supreme Court are appointed by Presidents with different philosophies? Far more unanimous decisions occured in the interval 2000-2010 that would result from random decision-making.
Bentham Mocks The Declarations: ‘Every Law … Is Void', Peter Aschenbrenner
Bentham Mocks The Declarations: ‘Every Law … Is Void', Peter Aschenbrenner
Peter J. Aschenbrenner
Jeremy Bentham famously savaged American declarations of rights, beginning with the Declaration of Independence. What irked him? If individuals had rights that government was bound to honor, then philosophy was obligated to address the conflict between the two. Settle it? Too ambitious. Ignore it? Too lazy. The consequences of Bentham’s unwillingness to survey American constitutions and legislation (using his own tools) are surveyed.
‘Which’ And Its Lexical And Semantic Relations In The Early Constitution, Peter Aschenbrenner
‘Which’ And Its Lexical And Semantic Relations In The Early Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
The Early Constitution deploys, in dramatically different fashion, ‘which,’ ‘who,’ ‘whose,’ ‘what,’ ‘whatsoever,’ ‘whatever,’ ‘when’ and ‘whenever.’ Some but not all of these signal and connect/organize subordinate clauses. Results are surveyed and tabled.
What Happened On July 6, 1787 And Why It Matters, Peter Aschenbrenner
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: ‘Which’ And Its Lexical And Semantic Relations In The Early Constitution, Peter Aschenbrenner
Table Annexed To Article: ‘Which’ And Its Lexical And Semantic Relations In The Early Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
The Early Constitution deploys, in dramatically different fashion, ‘which,’ ‘who,’ ‘whose,’ ‘what,’ ‘whatsoever,’ ‘whatever,’ ‘when’ and ‘whenever.’ Some but not all of these signal and connect/organize subordinate clauses. Results are surveyed and tabled.
Table Annexed To Article: Hamilton And Madison’S Semantic Armageddon In Machine-Readable Text, Peter Aschenbrenner
Table Annexed To Article: Hamilton And Madison’S Semantic Armageddon In Machine-Readable Text, Peter Aschenbrenner
Peter J. Aschenbrenner
Abstract: In four writings (December and February, 1791) Hamilton and Madison disputed the constitutionality of the proposed (First) Bank of the United States. All four appear in machine-readable text (with article to follow); the reader can search on ‘constitution-‘ and evaluate for herself how the writers guide constitution = text, constitution = government or leave the choice to the reader.
Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter J. Aschenbrenner
Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter J. Aschenbrenner
Peter J. Aschenbrenner
The eighty-five Federal Papers (authors James Madison and Alexander Hamilton; John Jay contributed five) are justifiably famous as elaborations of constitutional structure and text, sans citation to the convention, understandably, since secrecy imposed by Standing Order on May 28th was continued indefinitely (at the pleasure/non-action of Congress) on September 17th. Counts on semantic value/s of ‘constitution’ and ‘constitutional’ are surveyed.
Officials Subject To Prohibitions In The Corrective Constitution, Peter J. Aschenbrenner
Officials Subject To Prohibitions In The Corrective Constitution, Peter J. Aschenbrenner
Peter J. Aschenbrenner
The Philadelphia Constitution created expressly or contemplated, by implication, 107 officials to employ the 91 CTUs (in 4,320) words by organizing and operating a new national government for the United States. Did the commitment to officialdom oblige the ratifying conventions to list some (but not all) prohibitions on official conduct? Or is the list of prohibitions nothing more or less than an alternate census of officialdom?
Table Annexed To Article: Franklin’S Dilemma: Per Capita Meets Per Stirpes At The Federal Convention, Peter J. Aschenbrenner
Table Annexed To Article: Franklin’S Dilemma: Per Capita Meets Per Stirpes At The Federal Convention, Peter J. Aschenbrenner
Peter J. Aschenbrenner
At the federal convention, Benjamin Franklin highlighted the difference between the two voting regimes which divide the logical possibilities between them: per capita and per stirpes. Franklin forced the convention to consider what process was best designed to overcome the presumption of rejection by which assemblies are deemed to have rejected action.
The Joy Of Text And Numbers, Peter J. Aschenbrenner
The Joy Of Text And Numbers, Peter J. Aschenbrenner
Peter J. Aschenbrenner
The text writers of the Philadelphia Constitution divided their product into seven Articles, subdividing five of these Articles into Sections. This presentation was challenged by James Madison in his proposal for a Bill of Rights. What is the deeper understanding of assigning numbers (of one dimension) to text (of two dimensions)?
Table Annexed To Article: Color Me Adverb, Peter J. Aschenbrenner
Table Annexed To Article: Color Me Adverb, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Adverbs are one of the principal – and most readily trackable – means by which writers of the English language color their output. Relying on ‘-ly’ adverbs (out of 3,732 total adverbs), adverb usage in the Philadelphia constitution is measured
Table Annexed To Article: Of ‘This’ And ‘That’ In The Early Constitution, Peter J. Aschenbrenner
Table Annexed To Article: Of ‘This’ And ‘That’ In The Early Constitution, Peter J. Aschenbrenner
Peter J. Aschenbrenner
The Early Constitution’s deployment of ‘that’ and ‘this’ are surveyed and tabled.
Table Annexed To Article: Color Me 'Not', Peter J. Aschenbrenner
Table Annexed To Article: Color Me 'Not', Peter J. Aschenbrenner
Peter J. Aschenbrenner
‘Not’ makes thirty-four appearances in the Early Constitution which usages break down into sixteen logical ‘nots’ and eighteen abverbial instances. Results are surveyed.
Table Annexed To Article: What Happened On July 6, 1787 And Why It Matters, Peter J. Aschenbrenner
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.
When You're 'Not' You're Hot: Why The Writers Of Our Corrective Constitution (1789-1804) Loved The Adverbial ‘Not’, Peter J. Aschenbrenner
When You're 'Not' You're Hot: Why The Writers Of Our Corrective Constitution (1789-1804) Loved The Adverbial ‘Not’, Peter J. Aschenbrenner
Peter J. Aschenbrenner
The texture of Corrective Constitution varies dramatically from the Philaelphia Constitution. Take ‘not,’ which makes thirty-four appearances in the Early Constitution with seven uses of the abverbial ‘not’ employed in the twelve amendments drafted, adopted and ratified 1789-1804, which OCL names this Our Corrective Consitution. Bentham and Madison are surveyed to mine an explanation for variance in texture of the two constitutions.