Law Commons^™

The Standard Model’S Eight Modules And How They Advanced The Eighteenth Century's Agenda, Peter J. Aschenbrenner

Peter J. Aschenbrenner

‘Why do things have to come out that way?’ Sometime earlier than the fifth century B.C. this question was put to some public body or actor and the available solutions dissected. It turned out that since the systems of a political society were organized to distribute benefits to the members of civil society, many of the systems were designed to deliver product which could be assessed as to quality of output before the output was delivered. Our Constitutional Logic investigates.

Table Annexed To Article: Armstrong’S Hints Passed Through To Armstrong’S Notices, Peter J. Aschenbrenner

Peter J. Aschenbrenner

After James Madison effectively sacked his Secretary of Defense (August 29), it took John Armstrong until September 4, 1814 to post his resignation. Armstrong’s campaign to revive his reputation matured two decades later, with the publication of his Notices of the War of 1812 (New York: Wiley & Putnam, 1840; 1st ed. 1836). This work offered his readers a species of apologetics, vilification and whining which has few equals in a literature rich in overt posturing and distorted narrative. There is one feature which is unique: Armstrong was able to draw on his own work, Hints for Young Generals, which …

Aristotle Divides ‘Laws Correctly Laid Down’ From ‘Laws Necessarily Just’, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Table Annexed To Article: Hatsell’S Precedents Of Proceedings (Vol. 2, 2nd Ed., 1785) Extracted For Comparison With Other Basic Texts, Peter J. Aschenbrenner

Peter J. Aschenbrenner

John Hatsell served as Assistant Clerk to the House of Commons (later Clerk) and his four-volume Precedents of Proceedings has achieved a well-deserved iconic status among students of parliamentary practice. Our Constitutional Logic has extracted 58,277 words from Vol. 2, 2nd ed., 1785 for comparison with four principal American texts consisting of procedural rules in legislative assemblies and the federal convention. All five texts now appear in Five Basic Texts in the Founding of Parliamentary Science Originating from the United Kingdom and United States (in MR Text Format), 2 OCL 136_5; in turn, OCL is producing the first concordance of …

Table Annexed To Article: An Introduction To Quorum Issues At The Federal Convention, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The first Standing Order of the federal convention directed voting by states under a ‘one state, one vote’ formula, but without the fatal ‘one state, one veto’ formula which Rhode Island abused in the Confederation Congress. “A House to do business shall consist of the Deputies of not less than seven States; and all questions shall be decided by the greater number of these which shall be fully represented; but a less number than seven may adjourn from day to day.” See A Survey of the Standing Orders of the Federal Convention and the Differences Between Jackson’s and Madison’s Text, …

Table Annexed To Article: 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 …

Yes And ~Yes: A Lesson For South Carolina In The Illogic Of Secession, Peter J. Aschenbrenner

Peter J. Aschenbrenner

On December 20, 1860 a convention of South Carolinians claimed to have repealed a previous convention’s ratification of the Philadelphia constitution. This straightforward text of 138 words apparently stands on its own merits, since the long-winded, rambling and thoroughly confused 2,182 words worth of supporting argument did not appear until December 26, 1860. What is the chartered logic applicable to ratifications and un-ratifications? Our Constitutional Logic unleashes Article VII on the problem.

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

Peter J. Aschenbrenner

Our Constitutional Logic presents readers with its source files, that is, the text which it employed in scored word counts, frequencies and VerbumForte scores. The table annexed includes the machine-readable text of all eighty-five Federalist essays. Because many on-line versions are broken into segments which render searches (virtually) impractical.

Table Annexed To Article: Early State Constitutions (Adopted Before 1787) In Mr Text Format, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has assembled and transcribed (in machine-readable [or searchable] text format the 15 state constitutions adopted from 1777 through 1786. Word counts total 82,250 with asterisks separating the constitutions presented herewith. The reader is directed to Selected Details of State Constitutions Adopted Before 1787, 2 OCL 312 for word counts for each constitution and other details.

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

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

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 …

Table Annexed To Article: Detailed Delegate Attendance Table Updating Farrand’S Records Of The Federal Convention: May 25, 1787-September 17, 1787, Peter 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: Calling All Senators, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic analyzes the mathematical logic of quorum requirements for the United States Senate in the early American republic. Constitutions I and II provided quorum minimums as counts and proportions; Constitution II set forth a proportional quorum (“majority of members”) requirement for legislative action but its action requirement must be teased out, at least for the Senate. Threats arising from any would-be tyranny of the minority are addressed as an introduction to The Vice-President’s Two Votes: Introducing the Mathematical Logic of TOM-TOM, 17 OCL 185, in which the Tyranny of the Majority and Tyranny of the Minority receive attention.

The Capture Of The City Of Washington In Mr Text Format, Peter 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 …

Six Things That Went Wrong With Delegate Descriptions Of Their Behavior At The Federal Convention, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic asks, ‘Can delegate participation at the federal convention be taken as one element in a framework (such as a citation hierarchy) which framework, by design, accounts for convention behavior both individual and collective?’ I answer this question by turning it back on the delegates themselves.’ ‘Could they have anticipated that the voices of one or two delegates would be preferred over all others?’ Six patterns of behavior should be taken into account. OCL surveys the possibilities.

Hatsell’S Precedents Of Proceedings (Vol. 2, 2nd Ed., 1785) Extracted For Comparison With The Standing Orders Of The Philadelphia Convention, Peter Aschenbrenner

Peter J. Aschenbrenner

John Hatsell served as Assistant Clerk to the House of Commons (later Clerk) and his four-volume Precedents of Proceedings has achieved a well-deserved iconic status among students of parliamentary practice. Our Constitutional Logic has extracted 58,277 words from Vol. 2, 2nd ed., 1785 for comparison with four principal American texts consisting of procedural rules in legislative assemblies and the federal convention. All five texts now appear in Five Basic Texts in the Founding of Parliamentary Science Originating from the United Kingdom and United States (in MR Text Format), 2 OCL 136_5; in turn, OCL is producing the first concordance of …

Table Annexed To Article: Details Of Committee Membership At The Federal Convention, Peter Aschenbrenner

Peter J. Aschenbrenner

From May 25 through September 13, 1787 the convention appointed twelve committees of which eleven reported. (The work of the Committee of the Whole House, technically not a committee, is addressed elsewhere.) Our Constitutional Logic calendars the committees by full name, date established and the date on which it reported to the convention. Each delegate’s assignments are then detailed and cumulated; the reader can identify the ‘never serving’ delegates – there are 19 of 55 who never served – and the workhorse delegates: King and Williamson served on five committees apiece, with King taking ‘top committeeman’ honours based on his …

The Kingfish’S Mineral Legacy: An Analysis Of The Legality Of State Mineral Leases Granted To W.T. Burton And James A. Noe During The Years 1934-1936 And Their Relevance To Former United States Senator And Louisiana Governor, Huey P. Long, Ryan M. Seidemann, Ethel S. Graham, Steven B. Jones, William T. Hawkins, Frederic C. Augonnet

Ryan M Seidemann

No abstract provided.

Internal Revenue Service Acknowledges Involvement In Jenkins Related Judicial Martial Law Activities, David Randall Jenkins

David Randall Jenkins

Jenkins applied to the Internal Revenue Service as the responsible party for his firm, Algorithm LLC, to become an IRS authorized e-­‐‑file provider. Prior to its e-­‐‑file provider application response, the agency had approved Algorithm LLC (RDAWB) as a continuing education provider based on Jenkins’ academic credentials. On May 22, 2015, however, the Internal Revenue Service responded to the Algorithm LLC e-­‐‑file provider application by rejecting it. The basis for the rejection was the Federal Bureau of Investigation report on Jenkins’ criminal background.On June 3, 2015, Jenkins filed a timely appeal of the IRS May 22, 2015 rejection of the …

Ijtihād Against Madhhab: Legal Hybridity And The Meanings Of Modernity In Early Modern Daghestan, Rebecca Gould

Rebecca Gould

No abstract provided.

Searching For Sakitawak: Place And People In Northern Saskatchewan's Ile-A La Crosse, Signa A. K. Daum Shanks

Signa A. K. Daum Shanks

This presentation is a history of a small community, Île-à-la-Crosse, located in an area now part of Saskatchewan, Canada. With an historic reputation for cooperation and enviable trading circumstances, its residents traditionally have determined that protection of the community ensured the best opportunities for the advancement and security of individuals. As a result of this belief, residents reinforced their own understandings of sustainability as a means to ensure personal success. The community’s fame for hosting such a set of norms grew, particularly from the eighteenth to the twentieth century, and outsiders often visited to improve their own efforts as a …

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

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

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

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

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

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

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

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.