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Table Annexed To Article: Superfounders (And Others) Count Wins And Losses In The First Federal Elections, 2 Ocl 163, Peter J. Aschenbrenner Dec 2014

Table Annexed To Article: Superfounders (And Others) Count Wins And Losses In The First Federal Elections, 2 Ocl 163, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has calendared wins and losses in the first federal elections by delegates, subdividing these fifty-five into SuperFounder, Near-Founders, No-Founders and those lacking any previous experience. This taxonomy is drawn from Who Were The SuperFounders? And Why Does It Matter?, 2 OCL 117 and the data are treated as a species of convention behavior with interdependency of variables – you were probably less likely to serve on committees and speaking for propositions if you were lacked the ambition to attain one of the 107 federal offices – deferred for further study. OCL has also addressed election results in …


Table Annexed To Article: Delegate Speaking Patterns At The Federal Convention Surveyed As To The Twenty-Five Votes That Made The Presidency, Peter J. Aschenbrenner Dec 2014

Table Annexed To Article: Delegate Speaking Patterns At The Federal Convention Surveyed As To The Twenty-Five Votes That Made The Presidency, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In Twenty-Five Votes that Made the Presidency Our Constitutional Logic surveyed votes taken on August 24, September 5 and September 6. OCL tables the number of times the delegates to the convention acted on these 25 occasions. Motions made, jointly made, seconded, as well as speaking for and speaking against the motion are calendared by delegate. Five of 22 actions by Slave_Owners are scored to James Madison; 7 of 31 action by non-Slave_owners were taken by Hugh Williamson of North Carolina.


Table Annexed To Article: Why Is March The Fourth March The Fourth? Excerpts From The Journals Of The Continental Congress, Peter J. Aschenbrenner Dec 2014

Table Annexed To Article: Why Is March The Fourth March The Fourth? Excerpts From The Journals Of The Continental Congress, Peter J. Aschenbrenner

Peter J. Aschenbrenner

On September 13, 1788 the Continental Congress set the first Wednesday in March, 1789 as the date on which the first federal congress was to launch government operations, that is, principally, building the legal infrastructure of the new government. Although Congress had the power to move the date set forth in the constitution itself (the first Monday in December, via Article 1, Section 4, Clause 4) for the opening of its annual sessions, this did not occur until the adoption of the Twentieth Amendment. Section 1 thereof set the opening date for the 74th Congress at January 3, 1935 under …


Table Annexed To Article: The Capture Of The City Of Washington In Mr Text Format, Peter J. Aschenbrenner Dec 2014

Table Annexed To Article: The Capture Of The City Of Washington In Mr Text Format, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The first post-mortem on the fall of Washington, commissioned from a committee of the House of Representatives under the leadership of Richard M. Johnson of kentucky, appeared in the American State Papers, Military Affairs subdivision, as Doc. No. 137, at Pages 524-599. The work was published in Washington by Gales and Seaton with documents of Congressional provenance selected by the Secretary of the Senate and the Clerk of the House. The Capture is not merely an exemplar of public history, the actors who participate in the events they relate self-consciously vouch for their role as historians of the moment. “In …


Administrative Equal Protection: Federalism, The Fourteenth Amendment, And The Rights Of The Poor, Karen M. Tani Dec 2014

Administrative Equal Protection: Federalism, The Fourteenth Amendment, And The Rights Of The Poor, Karen M. Tani

Karen M. Tani


This Article intervenes in a burgeoning literature on “administrative constitutionalism,” the phenomenon of federal agencies—rather than courts—assuming significant responsibility for elaborating the meaning of the U.S. Constitution.  Drawing on original historical research, I document and analyze what I call “administrative equal protection”: interpretations of the Fourteenth Amendment’s Equal Protection Clause in a key federal agency at a time when the Clause’s meaning was fiercely contested.  These interpretations are particularly important because of their interplay with cooperative federalism—specifically, with states’ ability to exercise their traditional police power after accepting federal money.
The Article’s argument is based on a story of change …


Delegate Speaking Patterns At The Federal Convention Surveyed As To The Twenty-Five Votes That Made The Presidency, Peter J. Aschenbrenner Dec 2014

Delegate Speaking Patterns At The Federal Convention Surveyed As To The Twenty-Five Votes That Made The Presidency, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In Twenty-Five Votes that Made the Presidency Our Constitutional Logic surveyed votes taken on August 24, September 5 and September 6. OCL tables the number of times the delegates to the convention acted on these 25 occasions. Motions made, jointly made, seconded, as well as speaking for and speaking against the motion are calendared by delegate. Five of 22 actions by Slave_Owners are scored to James Madison; 7 of 31 action by non-Slave_owners were taken by Hugh Williamson of North Carolina.