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Full-Text Articles in Law

Table Annexed To Article: Twenty-Nine Events In Ten Projects (Or Discrete Event States) 1781-1846, Peter J. Aschenbrenner Jan 2015

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 Jan 2015

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 …


Fighting Over The Founders: How We Remember The American Revolution, Andrew Schocket Jan 2015

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 …


The Standard Model At War, Peter J. Aschenbrenner Dec 2014

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 Dec 2014

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 Dec 2014

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 Dec 2014

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 Dec 2014

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 Dec 2014

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. …


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 …


New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp Dec 2014

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

Sara L Kimble

No abstract provided.


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.