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Full-Text Articles in Law
Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Semantic Values Surveyed And Cumulated, Peter J. Aschenbrenner
Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Semantic Values Surveyed And Cumulated, Peter J. Aschenbrenner
Peter J. Aschenbrenner
In the second of three articles, the works of Madison and Hamilton, from The Federalist Papers through the bank bill debate, and continuing with Madison’s post-1817 works are surveyed. Through 151 works (essays, speeches and letters) over 49 years, word counts are supplied for each value in the eleven-way grid for values of ‘constitution,’ highlighting the divergent ‘constitution’ = text and ‘constitution’ = government. The 946 uses of ‘constitution’ in 49 years in these 151 works appear in 265,859 words.
Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Semantic Values Surveyed And Cumulated, Peter J. Aschenbrenner
Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Semantic Values Surveyed And Cumulated, Peter J. Aschenbrenner
Peter J. Aschenbrenner
In the second of three articles, the works of Madison and Hamilton, from The Federalist Papers through the bank bill debate, and continuing with Madison’s post-1817 works are surveyed. Through 151 works (essays, speeches and letters) over 49 years, word counts are supplied for each value in the eleven-way grid for values of ‘constitution,’ highlighting the divergent ‘constitution’ = text and ‘constitution’ = government. The 946 uses of ‘constitution’ in 49 years in these 151 works appear in 265,859 words.
Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter J. Aschenbrenner
Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter J. Aschenbrenner
Peter J. Aschenbrenner
The eighty-five Federal Papers (authors James Madison and Alexander Hamilton; John Jay contributed five) are justifiably famous as elaborations of constitutional structure and text, sans citation to the convention, understandably, since secrecy imposed by Standing Order on May 28th was continued indefinitely (at the pleasure/non-action of Congress) on September 17th. Counts on semantic value/s of ‘constitution’ and ‘constitutional’ are surveyed.
The Federal Protective Power And Targeted Killing Of U.S. Citizens, Greg Mcneal
The Federal Protective Power And Targeted Killing Of U.S. Citizens, Greg Mcneal
Greg McNeal
In this responsive essay I argue that the Constitution envisions circumstances when the president may order U.S. citizens to be killed. It may be akin to the facts in al-Awlaki, where one is actively making war against the United States, or it may be in lesser circumstances that threaten the instruments of federal power. A settled example where a killing was authorized to protect the federal government was in Cunningham v. Neagle, 135 U.S. 1 (1890), there the Court addressed the killing of a U.S. citizen by Neagle, a federal marshal who was dispatched to protect Justice Field from an …
Don’T’ Know Much About History: Constitutional Text, Practice, And Presidential Power, David A. Schultz
Don’T’ Know Much About History: Constitutional Text, Practice, And Presidential Power, David A. Schultz
David A Schultz
Assertions of presidential supremacy and power in affairs often invoke history, including events during the administration of George Washington, to defend their assertions. This article raises some questions regarding what we can learn from history for constitutional argument. It concedes generally that historical facts can support or buttress constitution argument, but more specifically it contends that acts undertaken by George Washington are problematic assertions for presidential power, especially those that assert “supremacist” or broad if not exclusive claims for presidential foreign policy authority. To do that, this article first describes how history is employed as constitutional argument for presidential power. …
Book Review Of Beau Breslin, "From Words To Worlds: Exploring Constitutional Functionality", Robert Tsai
Book Review Of Beau Breslin, "From Words To Worlds: Exploring Constitutional Functionality", Robert Tsai
Robert L Tsai
This is a review of Beau Breslin's book, "From Words to Worlds: Exploring Constitutional Functionality" (Johns Hopkins, 2009). As an antidote to what he believes to be scholarly marginalization of the "unique" aspects of a written constitution, Breslin focuses attention on seven functions of such a legal text: transforming existing orders, conveying collective aspirations, designing institutions, mediating conflict, recognizing claims of subnational communities, empowering social actors, and constraining governmental authority. This review briefly critiques Breslin's functional approach and discusses two of the more pressing goals of modern constitutionalism: managing social conflict and preserving cultural heritage.
Annan V: Rethinking The Viability Of The Constitutional Arrangement And Its Future Importance, Nicos Trimikliniotis
Annan V: Rethinking The Viability Of The Constitutional Arrangement And Its Future Importance, Nicos Trimikliniotis
Nicos Trimikliniotis
This chapter argues that despite the post-colonial Zurich-London legacy and the flaws contained in the final version of the Annan Plan its central pillars provided the basis for a viable, workable and fair constitutional arrangement for both Greek Cypriots and Turkish Cypriots. The plan’s philosophy is in line with human rights conventions, UN resolutions, the EU Acquis and the High Level agreements of 1977 and 1979. It defines ‘a bizonal bicommunal federation with a single sovereignty, international personality and citizenship’. The alternative – the indefinite continuation of de facto partition, or a de jure partition, or a ‘return’ to a …
Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber
Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber
Mark Graber
No abstract provided.
Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine
Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine
Daniel H. Erskine
This article describes the methods utilized by the United States Supreme Court to resolve specific cases involving conflicts between federal constitutional rights, a federal constitutional right and a state constitutional or statutory right, and an international treaty right and a federal constitutional right. Consideration of particular decisions representative of the manner the Court resolves conflicts between rights in the three typologies described above, illustrates how the Court views such conflicts and the rationales employed to resolve apparent conflicting rights. The rationales used by the United States Supreme Court are compared to the South African Constitutional Court’s decisions in the Soobramoney, …