Arts and Humanities Commons^™

Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler

Laura S. Underkuffler

No abstract provided.

Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler

Laura S. Underkuffler

No abstract provided.

The Standard Model’S Eight Modules And How They Advanced The Eighteenth Century's Agenda, Peter J. Aschenbrenner

Peter J. Aschenbrenner

‘Why do things have to come out that way?’ Sometime earlier than the fifth century B.C. this question was put to some public body or actor and the available solutions dissected. It turned out that since the systems of a political society were organized to distribute benefits to the members of civil society, many of the systems were designed to deliver product which could be assessed as to quality of output before the output was delivered. Our Constitutional Logic investigates.

Table Annexed To Article: Armstrong’S Hints Passed Through To Armstrong’S Notices, Peter J. Aschenbrenner

Peter J. Aschenbrenner

After James Madison effectively sacked his Secretary of Defense (August 29), it took John Armstrong until September 4, 1814 to post his resignation. Armstrong’s campaign to revive his reputation matured two decades later, with the publication of his Notices of the War of 1812 (New York: Wiley & Putnam, 1840; 1st ed. 1836). This work offered his readers a species of apologetics, vilification and whining which has few equals in a literature rich in overt posturing and distorted narrative. There is one feature which is unique: Armstrong was able to draw on his own work, Hints for Young Generals, which …

Aristotle Divides ‘Laws Correctly Laid Down’ From ‘Laws Necessarily Just’, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Table Annexed To Article: Hatsell’S Precedents Of Proceedings (Vol. 2, 2nd Ed., 1785) Extracted For Comparison With Other Basic Texts, Peter J. Aschenbrenner

Peter J. Aschenbrenner

John Hatsell served as Assistant Clerk to the House of Commons (later Clerk) and his four-volume Precedents of Proceedings has achieved a well-deserved iconic status among students of parliamentary practice. Our Constitutional Logic has extracted 58,277 words from Vol. 2, 2nd ed., 1785 for comparison with four principal American texts consisting of procedural rules in legislative assemblies and the federal convention. All five texts now appear in Five Basic Texts in the Founding of Parliamentary Science Originating from the United Kingdom and United States (in MR Text Format), 2 OCL 136_5; in turn, OCL is producing the first concordance of …

Table Annexed To Article: An Introduction To Quorum Issues At The Federal Convention, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The first Standing Order of the federal convention directed voting by states under a ‘one state, one vote’ formula, but without the fatal ‘one state, one veto’ formula which Rhode Island abused in the Confederation Congress. “A House to do business shall consist of the Deputies of not less than seven States; and all questions shall be decided by the greater number of these which shall be fully represented; but a less number than seven may adjourn from day to day.” See A Survey of the Standing Orders of the Federal Convention and the Differences Between Jackson’s and Madison’s Text, …

Table Annexed To Article: William Duane's Military Dictionary, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In 1810 William Duane, Adjutant General of the United State Army, published his Military Dictionary, under the general title of the American Military Library. The volume enjoyed the distinction of being one of the three volumes burned by the British on August 24, 1814. Duane published a total of nine volumes on related topics, which titles are surveyed by OCL. OCL has surveyed word counts which gather ‘Tactics’, ‘Operations’, and ‘Strategem’ and ‘Policy’, the latter two taken together, since Duane’s Military Dictionary defines ‘Policy’ as ‘Strategem.’ These appear in the table annexed hereto. The word counts are Strategem 15 policy …

Yes And ~Yes: A Lesson For South Carolina In The Illogic Of Secession, Peter J. Aschenbrenner

Peter J. Aschenbrenner

On December 20, 1860 a convention of South Carolinians claimed to have repealed a previous convention’s ratification of the Philadelphia constitution. This straightforward text of 138 words apparently stands on its own merits, since the long-winded, rambling and thoroughly confused 2,182 words worth of supporting argument did not appear until December 26, 1860. What is the chartered logic applicable to ratifications and un-ratifications? Our Constitutional Logic unleashes Article VII on the problem.

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

Peter J. Aschenbrenner

Our Constitutional Logic presents readers with its source files, that is, the text which it employed in scored word counts, frequencies and VerbumForte scores. The table annexed includes the machine-readable text of all eighty-five Federalist essays. Because many on-line versions are broken into segments which render searches (virtually) impractical.

Table Annexed To Article: Early State Constitutions (Adopted Before 1787) In Mr Text Format, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has assembled and transcribed (in machine-readable [or searchable] text format the 15 state constitutions adopted from 1777 through 1786. Word counts total 82,250 with asterisks separating the constitutions presented herewith. The reader is directed to Selected Details of State Constitutions Adopted Before 1787, 2 OCL 312 for word counts for each constitution and other details.

Table Annexed To Article: Twenty-Nine Events In Ten Projects (Or Discrete Event States) 1781-1846, Peter J. Aschenbrenner

Peter J. Aschenbrenner

From 1781 through 1846 American public officials wrestled with the problem of creating and managing a national banking institution that would serve the needs of the federal government. The twenty-nine relevant official events (legislation, presidential approvals/vetoes, court cases) are divided into ten separate Discrete Event States, as the national government attempted to charter or recharter these institutions, along with the relevant sources and dates.

William Duane's Military Dictionary, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In 1810 William Duane, Adjutant General of the United State Army, published his Military Dictionary, under the general title of the American Military Library. The volume enjoyed the distinction of being one of the three volumes burned by the British on August 24, 1814. Duane published a total of nine volumes on related topics, which titles are surveyed by OCL. OCL has surveyed word counts which gather ‘Tactics’, ‘Operations’, and ‘Strategem’ and ‘Policy’, the latter two taken together, since Duane’s Military Dictionary defines ‘Policy’ as ‘Strategem.’ These appear in the table annexed hereto. The word counts are Strategem 15 policy …

Submission To The Strategic Policy Division, Department Of Defence, On The Development Of The 2013 Defence White Paper, Christopher Rahman

Chris Rahman

This submission on the development of the 2013 Defence White Paper addresses briefly four aspects: 1. The structure and content of the White Paper itself 2. Australia’s strategic environment 3. Australia’s military strategy 4. Force structure

Book Review: The Iraq Wars And America's Military Revolution, Christopher Rahman

Chris Rahman

The Iraq Wars and America’s Military Revolution traces changes in the methods of applying force and the means with which the US military has applied that force since the end of the ColdWar.The book traces this progression through the conceptual lens of the so-called Revolution in Military Affairs (RMA), and contemporary RMA debates

Protecting Australia's Maritime Borders: The Mv Tampa And Beyond, Ben M. Tsamenyi, Christopher Rahman

Chris Rahman

The protection of Australia's maritime borders and sovereign interests at sea has, in recent times, increasingly become a leading national security issue. The arrangements for surveillance and enforcement in Australia's maritime zones have seemingly been in almost constant review in what has become a highly politicised issue. Furthermore, the increased incidence of seaborne illegal migration attempts in late 2001, together with the events of 11 September of that year has focused public, as well as official, attention upon all aspects of what has come to be known as "homeland security." Homeland security is a complex issue, and the problems associated …

Singapore: Forward Operating Site, Christopher Rahman

Chris Rahman

Historically, Singapore functioned as a major naval hub supporting the British Empire's position in the Far East. The island was viewed by Admiral Sir John "Jackie" Fisher as one of the world's five key locations enabling Britain's global naval superiority. The fortification of the British strategic position on Singapore reached both its zenith and its nadir with the development in the interwar years of the "Singapore Strategy," which was designed to buttress the empire's Far Eastern defenses agajnst possible Japanese aggression. That controversial plan failed miserably in the breach. However, the island continued to host a significant British military presence …

'The Geopolitical Context', Christopher Rahman

Chris Rahman

The seas and oceans of the Indo-Pacific region present a number of maritime security challenges including piracy, terrorism, territorial claims, jurisdictional disputes, illegal fishing, criminal trafficking, and arguments over the Law of the Sea Convention. The differences among coastal and maritime user nations involving navigation and military operations represent some of the pressing issues affecting the region. Some challenges are localized and others are widespread. For example, in the former case, a number of incidents of maritime terrorism have occurred in the Philippines over the last decade and a half. Yet most attacks against ferries and related infrastructure have been …

Conclusion: Maritime Border Protection After The Tampa And 9/11, Anthony Bergin, Ben M. Tsamenyi, Christopher Rahman

Chris Rahman

The objective of these proceedings has been to review current arrangements for national maritime border protection and to canvass some fresh approaches. The book (and preceding conference) have been designed to avoid getting bogged down in any great detail on sectoral issues, instead taking a more holistic view of the overall maritime border protection regime. The issue is timely in view of the public and political interest in developments regarding maritime security and border protection following the controversy surrounding the MV Tampa incident of August 2001 and the September 11 attacks on the World Trade Center and the Pentagon.

On …

The U.S. Strategic Relationship With Australia, Jack Mccaffrie, Christopher Rahman

Chris Rahman

Australia has hosted U.S. bases or troops for most of rhe last seventy years, beginning in the early part of the Second World War in the Pacific. Ironically, the arrival of American troops in Australia was at least partly the result of the failure of the "Singapore strategy," whereby the Royal Navy's Singapore naval base was to support any British fleet sent to the Far East in the event of a war with Japan. Seventy years on, Australia still hosts U.S. defense facilities and U.S. forces continue to visit-primarily now for exercises. Map 4 depicts major facilities utilized at present.

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 …

’Dispersed Political Authority’: Subsidiarity And Globalization In Caritas In Veritate, William Cavanaugh

William T. Cavanaugh

No abstract provided.

Scripture And Politics, William Cavanaugh

William T. Cavanaugh

No abstract provided.

Inciting Genocide With Words, Richard Ashby Wilson

Richard Ashby Wilson

This article calls for a rethinking of the causation element in the prevailing international criminal law on direct and public incitement to commit genocide. After the conviction of Nazi propagandist Julius Streicher at Nuremberg for crimes against humanity, the crime of direct and public incitement to commit genocide was established in the UN Convention on the Prevention and Punishment of Genocide in 1948. The first (and thus far, only) convictions for the crime came fifty years later at the International Criminal Tribunal for Rwanda (ICTR). The ICTR’s incitement jurisprudence is widely recognized as problematic, but no legal commentator has thus …

The Standard Model At War, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In 1775-1776 a North Atlantic superpower’s thirteen provinces found themselves maneuvered into a declaration of independence and (the inevitable) follow-on recognition war. The empire’s strategic goal was clear: force the rebels into the open, crush them while vulnerable, and unleash a program of post-rebellion oppression which would enrich superpower loyalists and establish their (and imperial) political ascendancy. Our Constitutional Logic offers, preliminary to a complete survey, considerations pertinent to the wartime provenance of America’s political society as founded under the standard model.

Detailed Delegate Attendance Table From Farrand’S Records Of The Federal Convention (May 25, 1787-September 17, 1787), Peter J. Aschenbrenner, David Kimball

Peter J. Aschenbrenner

Fifty-five delegates were appointed by twelve states to attend the 1787 federal constitutional convention: the first day of business was held May 25, 1787. Twenty-nine delegates attended the session on that day, the low-water mark; forty-five attended on June 15, the high-point for delegate appearances. OCL updates the attendance data, which was last surveyed in Farrand's Records, 3 Farrand 586-590 (rev. ed. 1937).

Table Annexed To Article: Selected Details Of State Constitutions Adopted Before 1787, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL surveys the fifteen state constitutions (including those adopted and replaced) from 1776 through 1786, including both of Vermont’s constitutions. The word counts in the fifteen state constitutions written from 1776 to 1786 total 81,893 words with 3,894 unique words. The charters (including those adopted and replaced) run from 1776 through 1786, including both of Vermont’s constitutions. To this OCL would add Constitution I (the constitution of the year One) = 3,354 words with 774 until words and Constitution II (constitution of the year eleven) = 4,321 words with 831 unique words.

Table Annexed To Article: 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 To Article: The Legislative Rules And Orders Of The Continental Congress In Various Text Formats (July 17, 1776), Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic offers the Rules and Orders for the Continental Congress in four versions. First, OCL supplies Jefferson’s notes made for the committee on which he served; this is followed by Congress’ markup text following its consideration of his notes in RC Text Format. Third, the text adopted on July 17, 1776 appears in RC Text Format, which recreates the text as it appears in the Journals of the Continental Congress. Fourth, the Rules and Orders appear in MR Text Format. This text is used in the various investigations of parliamentary science as practiced from 1776 to 1801. See …

Table Annexed To Article: Jefferson’S Manual Of Parliamentary Practice (1801), Peter J. Aschenbrenner

Peter J. Aschenbrenner

In 1801 Thomas Jefferson published his “Manual of Parliamentary Practice, Composed Originally for the Use of the Senate of the United States,” which which OCL has keyed in from the first edition, in 58,277 words. With 98 cross references to John Hatsell’s Precedents of Proceedings (Vol. 2, 2nd ed., 1785) which Our Constitutional Logic has produced in MR Text Format at John Hatsell’s Precedents of Proceedings (Vol. 2, 2nd ed., 1785) Extracted for Comparison With The Standing Orders of the Philadelphia Convention, 2 OCL 136_2, Jefferson pays his debt to Hatsell whose interest in parliamentary science is, by comparison, antiquarian. …