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Constitutional Law

2014

Constitutional History

Articles 61 - 76 of 76

Full-Text Articles in Law

Chartered Organizations: An Introduction To Their Patterns, Peter J. Aschenbrenner Mar 2014

Chartered Organizations: An Introduction To Their Patterns, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic introduces the subject of chartered organizations. ‘What role do charters, whether the organizations hold them as proclaimed or diffuse, play in political societies?’ OCL has previously posed the question ‘Why do political societies exist?’ In this article OCL suggests that suicide by ‘lament or amend’, if a choice at all, is not a choice that a political society may exercise.


Using A Control Group To Measure Words Of Science In Selected Works: An Introduction To Scoring Word Frequencies, Peter J. Aschenbrenner Mar 2014

Using A Control Group To Measure Words Of Science In Selected Works: An Introduction To Scoring Word Frequencies, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL selected fourteen words in a ‘words of science’ family: system, science, math, arithmetic, geometry, abstract, logic, theory, paradox, fallacy, hypothesis, experiment, symmetry, calculus. The words were tested against four target files and a control file. The latter was a basket of five literary works by British authors. The four target files were: Blackstone’s Commentaries, Bentham’s Fragment on Government, the Federalist essays and twenty prefaces to congressionally sponsored multi-volume works with publication dates 1815-1861.


Table Annexed To Article: James Madison And Wm. Blackstone: Introducing ‘The Kinetic Becomes The New Semantic’, Peter J. Aschenbrenner Mar 2014

Table Annexed To Article: James Madison And Wm. Blackstone: Introducing ‘The Kinetic Becomes The New Semantic’, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Wm. Blackstone’s Commentaries on the Laws of England achieved instant best-seller status in the United Kingdom. Blackstone’s 676,020 words overwhelms, in volume, James Madison’s 5,818 words devoted to the debate over Hamilton’s proposed Bank of the United States in 1791, the outcome of which went against Madison. It would be hard to find two less likely candidates for apples-to-apples comparison than the nascently academic Blackstone and the programmatic Madison. Our Constitutional Logic investigates


Table Annexed To Article: A Survey Of Prefaces Appearing In Twenty-Eight Federally Sponsored Multi-Volume Documentary Histories, Compilations, Recreated Debates And Similar Works, With Publication Dates 1815-1861, Peter J. Aschenbrenner Mar 2014

Table Annexed To Article: A Survey Of Prefaces Appearing In Twenty-Eight Federally Sponsored Multi-Volume Documentary Histories, Compilations, Recreated Debates And Similar Works, With Publication Dates 1815-1861, Peter J. Aschenbrenner

Peter J. Aschenbrenner

To introduce the first volume of each of the multi-volume works of the twenty-eight federally sponsored multi-volume documentary histories, compilations, recreated debates and similar works the respective authors wrote a total of 122 pages of prefatory material, covering 20 of these multi-volume works and deploying 42,276 words.


Table Annexed To Article: Multi-Volume Documentary Histories, Compilations, Recreated Debates And Similar Works, 1815-1861: Title Page From Each Work (In Recreation Text Format), Peter Aschenbrenner Feb 2014

Table Annexed To Article: Multi-Volume Documentary Histories, Compilations, Recreated Debates And Similar Works, 1815-1861: Title Page From Each Work (In Recreation Text Format), Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has extracted, in recreation text, the title pages (one page per work) from each of the multi-volume works surveyed. The qualifications for listing are that the works must be: (a) multi-volume, (b) federally sponsored, (c) first sent to press between 1815 and 1861 [with the exception for The Serial Set as noted] , (d) in English. In addition, the subject must be historical or form the basis of historical study in any broadly conceived sense.


The Geographic Center Of The United States In A “Well Constructed Union”: James Madison’S Federalist No. 10 Offers A “Tendency To Break And Control The Violence Of Faction,”, Peter J. Aschenbrenner Jan 2014

The Geographic Center Of The United States In A “Well Constructed Union”: James Madison’S Federalist No. 10 Offers A “Tendency To Break And Control The Violence Of Faction,”, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Peter Onuf’s essay in All Over the Map: The Origins of American Sectionalism measures the cost of diversity in constituencies: eventually geography tears a nation apart or supplies the preconditions for its destruction. James Madison’s Federalist No. 10 argues that large republics are possible, a thesis (obliquely) opposed to Onuf’s. Our Constitutional Logic investigates.


Table Annexed To Article: Counting Words In The Federalist, Peter Aschenbrenner Jan 2014

Table Annexed To Article: Counting Words In The Federalist, Peter Aschenbrenner

Peter J. Aschenbrenner

Word counts for each of the eighty-five articles published by Publius, the (collective) pseudonym of John Jay, Alexander Hamilton and James Madison, are surveyed. The 189,497 words are also broken down by author. The effort is ancillary to a project fixing the semantic values of ‘constitution’, ‘federal’ and ‘republic’ throughout the Early Republic (=1787 through 1857).


Table Annexed To Article: America’S Post-War Of 1812 Publication Projects, Peter J. Aschenbrenner Dec 2013

Table Annexed To Article: America’S Post-War Of 1812 Publication Projects, Peter J. Aschenbrenner

Peter J. Aschenbrenner

According to George Callcott’s American History Practice and Purpose (1970), Congress funded / directed the publishing of 16 different historical projects, most of which were launched in the post-war era. The table surveys the projects, and adds four projects not addressed by Callcott.


Coöpting, Constraining, And Compressing ‘Rights’ Which Pre-Exist A Founding,, Peter J. Aschenbrenner Dec 2013

Coöpting, Constraining, And Compressing ‘Rights’ Which Pre-Exist A Founding,, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Americans wrote constitutional texts at a furious pace beginning in 1775, with the state count hitting fifteen (as of 1786) and a national charter written and replaced (as of 1787). Our Constitutional Logic shortlists five ‘rights’ – more precisely termed heightened consumerism, from the system’s point of view – that pre-existed each of these chartered organizations. The investigation plays its proper role in supporting a survey of these five ‘rights’ in Quentin Skinner’s Foundations of Modern Political Thought.


Table Annexed To Article: Introducing Scientific And Technical Neologisms Deployed Post-1789 By The U.S. Congress, Peter J. Aschenbrenner Dec 2013

Table Annexed To Article: Introducing Scientific And Technical Neologisms Deployed Post-1789 By The U.S. Congress, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Since 1600 the English language has been enriched by tens of thousands of new words, neologisms, typically with Greek or Latin origins. The McGraw Hill Dictionary of Scientific and Technical Terms (1974) runs to 1,634 pages with an average of 60+ entries per page, which total may be reduced by the number of terms groupable in word families, agglutination being one of the the crowning glories of our language. OCL investigates.


Counting Words In The Federalist, Peter J. Aschenbrenner Dec 2013

Counting Words In The Federalist, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Word counts for each of the eighty-five articles published by Publius, the (collective) pseudonym of John Jay, Alexander Hamilton and James Madison, are surveyed. The 189,497 words are also broken down by author. The effort is ancillary to a project fixing the semantic values of ‘constitution’, ‘federal’ and ‘republic’ throughout the Early Republic (=1787 through 1857).


The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner Dec 2013

The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL surveys United States Supreme Court cases from 1791 to 1900 for deployment of the phrase stare decisis in opinions and published arguments before the Court. The people, as Madison conceded, make their own precedents; they do this by approving (or not disapproving) official action (in the recent past); in turn, these officials look back to official action taken at time/s more or less remote from the present for their precedents.


Machine-Readable Text Of The Federalist, Peter J. Aschenbrenner Dec 2013

Machine-Readable Text Of The Federalist, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Machine-readable text of the eighty-five Federalist Papers is provided


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.