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Table Annexed To Article: ‘Theory’ And ‘Science’ In The ‘Abstract’ In The Federalist Papers, Peter J. Aschenbrenner May 2012

Table Annexed To Article: ‘Theory’ And ‘Science’ In The ‘Abstract’ In The Federalist Papers, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL directs attention to the logics and feasibilities anterior to the crafting of constitutional text. The Federalist Papers is thoroughly committed to exploring these logics – spatial, discrete and predicate – insofar as the format (two thousand word articles in newspapers, offering comment on issues-of-the-day, especially ratification of the proposed Philadelphia constitution) will permit. The ninety-three ‘hits’ on ‘science,’ ‘logic,’ ‘math-,’ ‘abstract,’ ‘theory,’ and so forth receive due attention.


Table Annexed To Article: Who Were The Superfounders? And Why Does It Matter?, Peter J. Aschenbrenner May 2012

Table Annexed To Article: Who Were The Superfounders? And Why Does It Matter?, 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 NoFounders.


Table Annexed To Article: Machine-Readable Text Of The Early Constitution, Peter J. Aschenbrenner May 2012

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

Peter J. Aschenbrenner

A standardized format for presenting machine-readable text is offered. The Early Constitution’s 5,223 words appear without ‘Article,’ ‘Section,’ or other signals. Applications, including Voyant and proprietary programs, are best employed on text presented in such format. This development is explained.


Table Annexed To Article: Counting Syllables In The Bill Of Rights, Peter J. Aschenbrenner May 2012

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.


The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter J. Aschenbrenner May 2012

The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The colours of the Early Constitution, broken down into Philadelphia and Corrective Constitutions, and further subdividable, reveals our first glimpse of the deep structure of constitutional texts. An introduction to constitutional logic – or at least a presentation of the effects of its deployment in venue – demonstrates the divide between crafting responsibilities and disabilities, a divide taken seriously by text writers, even if it would come as a surprise to all but the good Doctor Franklin.


Table Annexed To Workshop Materials: Unanimous Decisions, Peter J. Aschenbrenner May 2012

Table Annexed To Workshop Materials: Unanimous Decisions, Peter J. Aschenbrenner

Peter J. Aschenbrenner

How can so many unanimous decisions result from the decision-making of judges appointed by Presidents of different parties? Decisions (2000-2010) are surveyed.


Machine-Readable Text Of The Early Constitution, Peter J. Aschenbrenner May 2012

Machine-Readable Text Of The Early Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

A standardized format for presenting machine-readable text is offered. The Early Constitution’s 5,223 words appear without ‘Article,’ ‘Section,’ or other signals. Applications, including Voyant and proprietary programs, are best employed on text presented in such format. This development is explained.


'Shall’ Vs. ‘Will’ In The Early Constitution: Yet Another Trans-Atlantic Dustup, Peter J. Aschenbrenner May 2012

'Shall’ Vs. ‘Will’ In The Early Constitution: Yet Another Trans-Atlantic Dustup, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Divided by a large ocean and a common language, it’s not surprising that, yet again, empire and colony dispute, and this time, it's helping verbs, , as if taxation without representation weren’t enough of a sore point. Grammar surveyed; points scored.


Who's Got Bragging Rights: Articles Of Confederation Edition, Peter J. Aschenbrenner Apr 2012

Who's Got Bragging Rights: Articles Of Confederation Edition, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The order in the (newly minted) states ratified the Articles of Confederation can be compared with the order these states selected delegates to attend the Second Continental Congress which (in turn) proposed the Articles to the states for ratification. This comparison can then be exploited to assign bragging rights.


Table Annexed To Article: Who's Got Bragging Rights: Articles Of Confederation Edition, Peter J. Aschenbrenner Apr 2012

Table Annexed To Article: Who's Got Bragging Rights: Articles Of Confederation Edition, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The order in the (newly minted) states ratified the Articles of Confederation can be compared with the order these states selected delegates to attend the Second Continental Congress which (in turn) proposed the Articles to the states for ratification. This comparison can then be exploited to assign bragging rights.


Table Annexed To Article: Who's Got Bragging Rights, Peter Aschenbrenner Apr 2012

Table Annexed To Article: Who's Got Bragging Rights, Peter 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 credentialed their delegations to the federal convention. A surprise winner is announced.


Table Annexed To Article: Ages Of The Delegates At The Federal Convention, Peter J. Aschenbrenner Apr 2012

Table Annexed To Article: Ages Of The Delegates At The Federal Convention, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Of the fifty-five delegates who attended the federal convention at Philadelphia in 1787, the median in age was Oliver Ellsworth of Connecticut, thirty-two years old. The delegate with the median remaining life span was Jacob Broom of Delaware (thirty-three years). The early arrivers were neither older nor younger than the others. Nor were they marked down for a shorter or longer remaining lifespan.


Who's Got Bragging Rights: Delaware Or New Hampshire Or -- ?, Peter Aschenbrenner Apr 2012

Who's Got Bragging Rights: Delaware Or New Hampshire Or -- ?, Peter 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 credentialed their delegations to the federal convention. A surprise winner is announced.


Table Annexed To Article: The Few, The Happy Few, Peter J. Aschenbrenner Mar 2012

Table Annexed To Article: The Few, The Happy Few, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The fifty-five credentialed delegates who attended (at least one or more) sessions of the Philadelphia convention supplied thirty-nine delegate signatories. But this figure is not the fewest number of delegates who could have organized the United States of America; that is, a new government which would substitute for (or secede from) the United States in Congress Assembled, the style of the (then existing) government under the Articles of Confederation.


The Few, The Happy Few: How Many Delegates Would Be Required To Organize The United States Of America?, Peter J. Aschenbrenner Mar 2012

The Few, The Happy Few: How Many Delegates Would Be Required To Organize The United States Of America?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The fifty-five credentialed delegates who attended (at least one or more) sessions of the Philadelphia convention supplied thirty-nine delegate signatories. But this figure is not the fewest number of delegates who could have organized the United States of America; that is, a new government which would substitute for (or secede from) the United States in Congress Assembled, the style of the (then existing) government under the Articles of Confederation.


Chart Annexed To Article: Delegate Arrivals In Philadelphia Compared To Voting Records, Peter Aschenbrenner, David Kimball Mar 2012

Chart Annexed To Article: Delegate Arrivals In Philadelphia Compared To Voting Records, Peter Aschenbrenner, David Kimball

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.


Table Annexed To Article: Dual Office Holding And Status Acquisition Requirements/Prohibitions In The Federal Constitution, Peter Aschenbrenner Mar 2012

Table Annexed To Article: Dual Office Holding And Status Acquisition Requirements/Prohibitions In The Federal Constitution, Peter Aschenbrenner

Peter J. Aschenbrenner

The federal constitution addresses a number of situations in which an aspirant to office or status must abide by requirements/prohibitions regarding dual office holding and status acquisition. The pertinent provisions are reviewed and logical aspects of this issue are introduced.


Dual Office Holding And Status Acquisition Requirements/Prohibitions In The Federal Constitution: The Logic Of Aspirations Introduced, Peter J. Aschenbrenner Feb 2012

Dual Office Holding And Status Acquisition Requirements/Prohibitions In The Federal Constitution: The Logic Of Aspirations Introduced, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The federal constitution addresses a number of situations in which an aspirant to office or status must abide by requirements/prohibitions regarding dual office holding and status acquisition. The pertinent provisions are reviewed and logical aspects of this issue are introduced.


Table Annexed To Article: What Is A Constitutional Convention?, Peter J. Aschenbrenner Feb 2012

Table Annexed To Article: What Is A Constitutional Convention?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

‘State constitutional assembly’ is defined along with three subsidiary definitions; difficulties are addressed and solutions proposed; a survey of the 994 assemblies (1775 to 2010) is supplied, and the proposed definition defended; issues for further development are noted.


What Is A Constitutional Convention?, Peter J. Aschenbrenner Feb 2012

What Is A Constitutional Convention?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

‘State constitutional assembly’ is defined along with three subsidiary definitions; difficulties are addressed and solutions proposed; a survey of the 994 assemblies (1775 to 2010) is supplied, and the proposed definition defended; issues for further development are noted.


'Fast And Fourteen': Delegates Who Left The Federal Convention Early, Peter Aschenbrenner Feb 2012

'Fast And Fourteen': Delegates Who Left The Federal Convention Early, Peter Aschenbrenner

Peter J. Aschenbrenner

Of the fifty-five delegates who attended the federal convention at Philadelphia in 1787, fourteen left before the constitution concluded its business on September 17, 1787. Their voting records disclose that, just like those early arrivers who supported the Constitution, early leavers who opposed the Constitution were overwhelmed by the number of supporters who departed.


Table Annexed To Article: 'Fast And Fourteen:' Delegates Who Left The Federal Convention Early, Peter J. Aschenbrenner Jan 2012

Table Annexed To Article: 'Fast And Fourteen:' Delegates Who Left The Federal Convention Early, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Of the fifty-five delegates who attended the federal convention at Philadelphia in 1787, fourteen left before the constitution concluded its business on September 17, 1787. Their voting records disclose that, just like those early arrivers who supported the Constitution, early leavers who opposed the Constitution were overwhelmed by the number of supporters who departed.


The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion Feb 2001

The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion

William & Mary Bill of Rights Journal

Constitutional law has been an active battlefield as competing groups within the academy seek to deconstruct, reconstruct, and/or relegitimize the teaching and practice of law in the United States. Much of the rhetoric of the debate is couched in the language of rights. There is a danger that diminished attention to powers in the rhetoric and teaching of constitutional law may compromise sober and moderate constitutional reasoning. By reinvigorating reflection on powers-related issues, the legal profession can do its part to promote sobriety, and hence an added dose of prudence, in constitutional reflection and discourse by a democratic citizenry whose …


The Treaty That Made America A World Power, William F. Swindler Sep 1983

The Treaty That Made America A World Power, William F. Swindler

Popular Media

No abstract provided.


The Land Rights Of Indigenous Canadian Peoples, Brian Slattery Jan 1979

The Land Rights Of Indigenous Canadian Peoples, Brian Slattery

Brian Slattery

The problem examined in this work is whether the land rights originally held by Canada's Indigenous peoples survived the process whereby the British Crown acquired sovereignty over their territories, and, if so, in what form. The question, although historical in nature, has important implications for current disputes involving Aboriginal land claims in Canada. It is considered here largely as a matter of first impression. The author has examined the historical evidence with a fresh eye, in the light of contemporaneous legal authorities. Due consideration is given to modern case-law, but the primary focus is upon the historical process proper.


The Story Of The Constitution, C. H. Ambler Feb 1933

The Story Of The Constitution, C. H. Ambler

West Virginia Law Review

No abstract provided.