Social and Behavioral Sciences Commons^™

What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison

Caren Myers Morrison

No abstract provided.

Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana

Tanya Monique Washington

No abstract provided.

Brief Of Amici Curiae Scholars Of The Constitutional Rights Of Children In Support Of Petitioners, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana

Tanya Monique Washington

No abstract provided.

Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven

Thomas Kleven

The book argues that a principle of equitable sharing is fundamental to the concept of democracy and to the democratic society the United States purports to be. It examines the political philosophies of John Locke, John Stuart Mill, and John Rawls, all of which contain a principle of equitable sharing in some form. It then examines the Declaration of Independence and the Constitution, both of which evidence a commitment to equitable sharing as foundational to the democratic society they contemplate. The book argues that the Supreme Court also has a meaningful role to play in the dialogue over the requirements …

Fighting Over The Founders: How We Remember The American Revolution, Andrew Schocket

Andrew M Schocket

The American Revolution is all around us. It is pictured as big as billboards and as small as postage stamps, evoked in political campaigns and car advertising campaigns, relived in museums and revised in computer games. As the nation’s founding moment, the American Revolution serves as a source of powerful founding myths, and remains the most accessible and most contested event in U.S. history: more than any other, it stands as a proxy for how Americans perceive the nation’s aspirations. Americans’ increased fascination with the Revolution over the past two decades represents more than interest in the past. It’s also …

Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven

Thomas Kleven

The book argues that a principle of equitable sharing is fundamental to the concept of democracy and to the democratic society the United States purports to be. It examines the political philosophies of John Locke, John Stuart Mill, and John Rawls, all of which contain a principle of equitable sharing in some form. It then examines the Declaration of Independence and the Constitution, both of which evidence a commitment to equitable sharing as foundational to the democratic society they contemplate. The book argues that the Supreme Court also has a meaningful role to play in the dialogue over the requirements …

How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In 3,466 words – crafted between July, 1776 and November, 1777 – the Continental Congress created Constitution I, universally known as the Articles of Confederation. How many of these words are unique? And how many of these 3,466 words did the Philadelphia convention use in crafting the 4,321 words of Constitution II?

Foro: Los Aportes De La Sana Antropologia Y Su Incidencia En Los Derechos De La Infancia Y La Adolescencia®, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo.PhD Canon Law

How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In 3,466 words – crafted between July, 1776 and November, 1777 – the Continental Congress created Constitution I, universally known as the Articles of Confederation. How many of these words are unique? And how many of these 3,466 words did the Philadelphia convention use in crafting the 4,321 words of Constitution II?

Table Annexed To Article: Our Constitutional Kinesis: Words That Can Go Like A Machine, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Americans have long been known for their appreciation of the kinetic effort involved in writing constitutional text, as long as the work begun at York, Pa (October, 1777) is subordinated to that commenced at Philadelphia (May, 1787). Gathered in one place are selected ‘machine’ quotes by which text itself is ennobled as automaton. OCL lists and reports for further investigation into this phenomenon.

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …

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.

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

Peter J. Aschenbrenner

No abstract provided.

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

Color Me Adverb: How The Convention Painted The Text Of The Philadelphia Constitution, 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: Counting Syllables In The Bill Of Rights, Peter J. Aschenbrenner

Peter J. Aschenbrenner

An experiment in deconstructing the Bill of Rights is offered. Each of the 461 words is broken into syllables and the numeric value (syllables per word) appears. Ten segments mirror the ten articles of Amendment.

Table Annexed To Article: Machine-Readable Text Of The Federalist Papers, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Machine-readable text of The Federal Papers is presented as a resource for the reader of Our Constitutional Logic.

Table Annexed To Article: Officials Subject To Prohibitions In The Corrective Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Officials whose conduct is prohibited are identifiable through the text of the Corrective Constitution; results are surveyed.

Being James Madison: What We Get For Time Travel, Peter J. Aschenbrenner

Peter J. Aschenbrenner

When we travel back in time to meet the 89rs, what is the best we can get for our trouble? James Madison would remind us that we can get methods, not answers. The constitution may be a machine, but is not a vending machine.

Table Annexed To Article: A Hitch-Hiker's Guide To The Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Why are we fascinated by the politics of judicial appointments? Does really this help anyone to understand Supreme Court decisions? Plenty of myths debunked, thanks to unanimous decisions and outcomes.

Who's Got Bragging Rights? Delaware Or New Hampshire Or -- ?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The order in which the original thirteen states ratified the Federal Constitution can be compared with the order in which the twelve states credentialled their delegations to the federal convention. A surprise winner is announced.

Table Annexed To Article: Secrecy Broken; Reports Of The Delegates, 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 reasoning behind various clauses. However, no delegate had access to the official journal of the constitutional convention.

How The Twenty-Six Superfounders Fared At The Ballot Box, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Twenty-six delegates who attended the federal convention at Philadelphia and who signed the constitution also attended their state ratifying conventions. Many of these SuperFounders ran for federal elective office in the first federal elections.

Table Annexed Article: Secrecy Broken Reports Of The Delegates At 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 reasoning behind various clauses. However, no delegate had access to the official journal of the constitutional convention.

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 reasoning behind various clauses. However, no delegate had access to the official journal of the constitutional convention.

Table Annexed To Article: Who's Got Bragging Rights?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The order in which the original thirteen states ratified the Federal Constitution can be compared with the order in which the twelve states credentialled their delegations to the federal convention. A surprise winner is announced.

Table Annexed To Article: Who Were The Superfounders?, 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.

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

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.

When Did The Delegates Arrive In Philadelphia, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Twelve states appointed fifty-five delegates to attend the federal convention in May, 1787 at Philadelphia. The arrival of the delegates may conveniently be grouped by the order of their arrival; further information assigned to delegates. Information tabled by Farrand (1911, 1937) will be verified and expanded.

Table Annexed To Article: Were Early Arrivers In Philadelphia More Likely To Support The Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Table annexed in support of Article: Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Arrival of the delegates may be matched with support for or opposition to the Constitution. The eagerness of the delegates supporting a new constitution to go to work is demonstrated.