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George Washington

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Full-Text Articles in Law

Playing With Words: Amar’S Nationalist Constitution, Robert J. Pushaw Jr. Sep 2022

Playing With Words: Amar’S Nationalist Constitution, Robert J. Pushaw Jr.

Washington and Lee Law Review Online

This essay provides a balanced critique of Akhil Amar’s important book on early constitutional theory and practice. On the one hand, Amar’s work has three unique virtues. First, unlike other constitutional historians, he does not examine a particular clause or a brief time period (such as 1787‑1789), but rather analyzes the Constitution as a whole from 1760 to 1840. This holistic and longitudinal approach enables him to trace in detail the evolving constitutional views of America’s leading Founders—John Adams, Alexander Hamilton, Thomas Jefferson, James Madison, John Marshall, and George Washington—and the personal relationships among those men that helped shape those …


A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams Aug 2020

A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams

Washington and Lee Law Review Online

Since the broadcast killing of George Floyd by four Minneapolis police officers on May 25, all levels of government, and institutions of every kind, have scrambled with breakneck speed to confront their own ties to America’s most deeply entrenched demons: White supremacy and systematic racism. Washington and Lee has certainly not been exempt from this reckoning. A majority of its faculty and student body have already passed resolutions calling for the removal of Robert E. Lee’s name from the university. As a direct descendent of those enslaved by the school, I commend these resolutions; yet, I strongly offer that a …


White Saviors, Brandon Hasbrouck Jul 2020

White Saviors, Brandon Hasbrouck

Washington and Lee Law Review Online

It is time for Washington and Lee University to drop both George Washington and Robert E. Lee from the University name. The predominantly White faculty at Washington and Lee recently announced that it will petition the Board of Trustees to remove Lee from the University name. This is the first time in Washington and Lee’s history that the faculty has drafted such a petition. It is worth exploring why the faculty has decided to make a collective statement on Lee now and why the faculty has not included a demand to drop Washington in their petition. The answer is simple—it …


George Washington’S Attorneys: The Political Selection Of United States Attorneys At The Founding, Scott Ingram Apr 2019

George Washington’S Attorneys: The Political Selection Of United States Attorneys At The Founding, Scott Ingram

Pace Law Review

This Article examines the relationship between the Nation’s first President and the selection of United States Attorneys. It argues that politics played an important, if not primary, role in the President’s selections. George Washington sought those who would represent the government’s interests, adhere to the government’s policies, and advance Washington’s political goals. His selections also demonstrated Washington’s requirement of loyalty to America. In this respect, the politicization of United States Attorneys occurred at the outset. Part I of this Article defines politicization and identifies its four aspects. Part II describes the United States Attorney position as understood through the 1789 …


John Quincy Adams Influence On Washington’S Farewell Address: A Critical Examination, Stephen Pierce Jan 2019

John Quincy Adams Influence On Washington’S Farewell Address: A Critical Examination, Stephen Pierce

Undergraduate Research

John Quincy Adams is seen by the American public today as a failed one-term president. When one starts to see his diplomatic work and his service in Congress, however, he becomes one of the most important figures in American history. The diplomatic historian Samuel Flagg Bemis was in 1944 the first historian to suggest that Adams’ early writings influenced Washington’s Farewell Address. He looked through some of Adams’ early published writings and concluded that it was, “Conspicuous among the admonitions of the Farewell Address are: (1) to exalt patriotically the national words, America, American, Americans; (2) to beware of foreign …


Law Library Blog (January 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2017

Law Library Blog (January 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


George Washington’S Constitution, Kurt T. Lash Jan 2016

George Washington’S Constitution, Kurt T. Lash

Law Faculty Publications

The ghost of George Washington haunts almost every page of Saikrishna Prakash’s new book, Imperial from the Beginning: The Constitution of the Original Executive. It is a man, not a text, that dominates Prakash’s investigation of the creation of the American Presidency. From the Philadelphia Convention where Washington presided over (and likely influenced) the drafting of Article II, to the military quashing of the Whiskey Rebellion with Washington riding at the head of the new federal army--it is the “imperial” presence and practices of General Washington that Prakash believes generally represent the original understanding of Executive Power.

This is …


The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson Apr 2015

The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson

All Faculty Scholarship

The Supreme Court’s attempt to create a standard for evaluating whether the Establishment Clause is violated by religious governmental speech, such as the public display of the Ten Commandments or the Pledge of Allegiance, is a total failure. The Court’s Establishment Clause jurisprudence has been termed “convoluted,” “a muddled mess,” and “a polite lie.” Unwilling to either allow all governmental religious speech or ban it entirely, the Court is in need of a coherent standard for distinguishing the permissible from the unconstitutional. Thus far, no Justice has offered such a standard.

A careful reading of the history of the framing …


George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez Apr 2015

George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.


Chief Justices And Chief Executives: Some Thoughts On Jim Simon’S Books, Akhil Reed Amar Jan 2013

Chief Justices And Chief Executives: Some Thoughts On Jim Simon’S Books, Akhil Reed Amar

NYLS Law Review

No abstract provided.


Don’T’ Know Much About History: Constitutional Text, Practice, And Presidential Power, David A. Schultz Dec 2010

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. …


George Washington And The Executive Power, John C. Yoo Nov 2010

George Washington And The Executive Power, John C. Yoo

John C Yoo

This paper examines current debates over the scope of presidential power through the lens of the Washington administration. We tend to treat Washington’s decisions with an air of inevitability, but the constitutional text left more questions about the executive unanswered than answered. Washington filled these gaps with a number of foundational decisions - several on a par with those made during the writing and ratification of the Constitution itself. He was a republican before he was a Federalist, but ultimately Washington favored an energetic, independent executive, even at the cost of political harmony. He centralized decision-making in his office, so …


Placing Your Faith In The Constitution, Harold H. Bruff Jan 2010

Placing Your Faith In The Constitution, Harold H. Bruff

Publications

No abstract provided.


Federal Judicial Selection: The First Decade, Maeva Marcus Mar 2005

Federal Judicial Selection: The First Decade, Maeva Marcus

University of Richmond Law Review

No abstract provided.


Tench Coxe And The Right To Keep And Bear Arms, 1787-1823, David B. Kopel Jan 1999

Tench Coxe And The Right To Keep And Bear Arms, 1787-1823, David B. Kopel

David B Kopel

Tench Coxe, a member of the second rank of this nation's Founders and a leading proponent of the Constitution and the Bill of Rights, wrote prolifically about the right to keep and bear arms. In this Article, the authors trace Coxe's story, from his early writings in support of the Constitution, through his years of public service, to his political writings in opposition to the presidential campaigns of John Adams and John Quincy Adams. The authors note that Coxe described the Second Amendment as guaranteeing an individual right, and believed that an individual right to bear arms was necessary for …


Suspending The Rule Of Law - Temporary Immunity As Violative Of Montesquieu's Republican Virtue As Embodied In George Washington, Joseph P. Rodgers Jan 1997

Suspending The Rule Of Law - Temporary Immunity As Violative Of Montesquieu's Republican Virtue As Embodied In George Washington, Joseph P. Rodgers

Cleveland State Law Review

This Note offers a somewhat unique perspective on the notion of clemency. This inquiry contemplates the merit of temporary immunity from civil suits for acts which eventuated outside the scope of one's official responsibilities and argues that such an unprecedented expansion of civil immunity is antithetical to Montesquieu's conception of public virtue as evinced in The Spirit of Laws. This Note also reflects on the iconic role of Washington at the Constitutional Convention as emblematic of quintessential republican virtue. Part II briefly traces the evolution of absolute, qualified, and temporary immunity from an historical perspective. Part III acclimates the reader …


Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack Jan 1993

Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack

St. Mary's Law Journal

Addressing Congressional woes requires reform. Entrenched incumbency is a detriment to the legislative system. Although the enactment of initiatives restricting Congressional terms limits signal voters agree, better alternatives exist. The only prerequisites found in the Constitution for serving in Congress are age, residency, and citizenship. While the twenty-second amendment proscribes the presidential office limit maximum as two terms, no such limitations exist for a congressman or congresswoman. Sitting incumbents have substantial advantages over their challengers. Incumbents success ratio exceeds 80% in Senate races and is approximately 90% for elections in the House of Representatives. Congressional term limitations attempt to eliminate …


Federal Antitrust Law And The Royal Drug Pharmacy Agreement: Implications For Formulating National Health Policy, Mary Holloway Richard Jan 1981

Federal Antitrust Law And The Royal Drug Pharmacy Agreement: Implications For Formulating National Health Policy, Mary Holloway Richard

Oklahoma Law Review

No abstract provided.


Newsletter - 1972-11-23, E. De La Garza Nov 1972

Newsletter - 1972-11-23, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.


The Constitution-1787 And Today, Walter F. Dodd Oct 1944

The Constitution-1787 And Today, Walter F. Dodd

Indiana Law Journal

An Address given before Indianapolis Bar Association, September 6, 1944.


Some Phases Of Washington's Life Of Particular Interest To Lawyers, Sumner Kenner Apr 1933

Some Phases Of Washington's Life Of Particular Interest To Lawyers, Sumner Kenner

Indiana Law Journal

No abstract provided.


The Life Of George Washington, By John Marshall, C. V. Ridgely Jan 1931

The Life Of George Washington, By John Marshall, C. V. Ridgely

Indiana Law Journal

No abstract provided.


Washington: His Character And The Lessons To Be Drawn From It, Thomas M. Cooley Dec 1874

Washington: His Character And The Lessons To Be Drawn From It, Thomas M. Cooley

Other Publications

Justice Cooley’s memorial on the occasion of Washington’s birthday: “In fabulous history nations are founded by gods. But these gods are only impersonations of the rough virtues most prized in a barbarous age, and their worship is therefore an adoration of those qualities … We have no fabulous history of our nation … Great characters may loom up as the builders, but they are not simply exaggerated personifications of power and force; they are men with human qualities, whose lives, in the records which are preserved, are open to our inspection; we may see what manner of men they were, …