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Constitutional Law

2014

Institution
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Articles 91 - 93 of 93

Full-Text Articles in History

Table Annexed To Article: Madison Deploys 'Constitution' (After March, 1817), Peter J. Aschenbrenner Dec 2013

Table Annexed To Article: Madison Deploys 'Constitution' (After March, 1817), Peter J. Aschenbrenner

Peter J. Aschenbrenner

The third volume of Farrand’s Records of the Federal Convention contains 58 entries written by James Madison after March 3, 1817, almost entirely of public correspondence; OCL adds his Detached Memoranda (his second political testament) to these post-retirement writings. OCL spreads Madison’s deployment of ‘constitution’ through an expanded 11 way grid of the possible semantic values.


The Settecento’S Fundamentals: Five Structures That Define ‘Constitutionalism’, Peter J. Aschenbrenner Dec 2013

The Settecento’S Fundamentals: Five Structures That Define ‘Constitutionalism’, Peter J. Aschenbrenner

Peter J. Aschenbrenner

From Year One to Year Eleven (1776-1787) Americans went to work adopting two national charters and fifteen state constitutions, totaling nearly 90,000 words. The adoption of these texts proves kinesis was at work; but so does the victory at Yorktown. OCL surveys these accomplishments by detailing the structures – that is, the consciousness – that committed itself to make something happen in the last quarter of the Eighteenth Century. Selecting one text out of seventeen for elevation is awkward, OCL argues, unless you have some idea why we adopted it in the first place.


Everything James Madison Knew He Learned From Quentin Skinner: A Roadmap, Peter J. Aschenbrenner Dec 2013

Everything James Madison Knew He Learned From Quentin Skinner: A Roadmap, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Quentin Skinner’s abhorrence of the ‘great books’ approach to political history is well known; ditto, his adversion to allowing the search for context hijack the investigator’s analysis. Our Constitutitonal Logic suggests that the search for a framework other than what semantics afford (as far as text is concerned) or chronology (as far as kinesis is concerned) began with James Madison. The issues are presented and roadmapped.