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Articles 1 - 18 of 18

Full-Text Articles in United States History

A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton Apr 2018

A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton

Senior Honors Theses

This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.


Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin Dec 2017

Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin

Seton Hall University Dissertations and Theses (ETDs)

In May 1861, President Abraham Lincoln's decision to suspend habeas corpus in Baltimore following an attack on Federal troops as they marched through Baltimore on April 19th to answer Lincoln’s call to defend the Capitol. To complicate matters further, Congress was still in recess, so they could not legislate a solution to the growing insurgency. In order to check these actions, Abraham Lincoln authorized General Scott to suspend Habeas Corpus between Baltimore and Philadelphia. When John Merryman was arrested, detained, and denied habeas corpus, Chief Justice Roger B. Taney issued an in-chambers decision, Ex Parte Merryman, to voice ...


The Indian Removal Act: Jackson, Sovereignty And Executive Will, Daniele Celano Sep 2017

The Indian Removal Act: Jackson, Sovereignty And Executive Will, Daniele Celano

The Purdue Historian

From King Andrew I to Old Hickory, Andrew Jackson had no shortage of nicknames symbolic of the opposing opinions of the president responsible for the forced removal of all Native peoples from the American South. While on its face the Indian Removal Act of 1830 appears to be little more than a racist executive order purporting large-scale land theft, the Act was also a manifestation of executive power and competing constitutional interpretations of sovereignty. In using his presidential authority to demand Indian removal, Jackson not only restructured national Indian policy, but further challenged both the power balance between state and ...


Table Annexed To Article: Hamilton And Madison Deploy ‘System’ In Works Dated To 1787/88, 1790/91, 1793 And Post-Retirement Works, Peter J. Aschenbrenner Mar 2014

Table Annexed To Article: Hamilton And Madison Deploy ‘System’ In Works Dated To 1787/88, 1790/91, 1793 And Post-Retirement Works, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The deployment of the word ‘system’ is surveyed, beginning with The Federalist essays, the focus being on the works of Alexander Hamilton and James Madison. In the second tranche of works, their efforts – now as opponents – in the bank bill debate are examined along with the appearance of ‘system’ in the Neutrality Proclamation debates; in the third tranche, Hamilton’s public letters (from his retirement as Secretary of the Treasury to his death in 1804) are surveyed; the fourth consists of Madison’s works included in Farrand’s volume 3 of his Records of the Federal Convention.


Table Annexed To Article: Madison Deploys 'Constitution' (After March, 1817), Peter J. Aschenbrenner Dec 2013

Table Annexed To Article: Madison Deploys 'Constitution' (After March, 1817), Peter J. Aschenbrenner

Peter J. Aschenbrenner

The third volume of Farrand’s Records of the Federal Convention contains 58 entries written by James Madison after March 3, 1817, almost entirely of public correspondence; OCL adds his Detached Memoranda (his second political testament) to these post-retirement writings. OCL spreads Madison’s deployment of ‘constitution’ through an expanded 11 way grid of the possible semantic values.


A Horse! My Constitution For A Horse! Wm. Shakespeare And Alex. Pope Serve The Delegate Laureates, Peter Aschenbrenner Nov 2013

A Horse! My Constitution For A Horse! Wm. Shakespeare And Alex. Pope Serve The Delegate Laureates, Peter Aschenbrenner

Peter J. Aschenbrenner

‘We the people’ is justly celebrated, and was upon its first reading, by those assembled in Philadelphia. OCL, having studied the orthography and punctuography of the instrument, along with its semantic provenance, now turns to the meter of it all.


Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter Aschenbrenner Oct 2013

Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter 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.


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 Jan 2013

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 Jan 2013

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.


Founding-Era Conventions And The Meaning Of The Constitution’S “Convention For Proposing Amendments”, Robert G. Natelson Jan 2013

Founding-Era Conventions And The Meaning Of The Constitution’S “Convention For Proposing Amendments”, Robert G. Natelson

Robert G. Natelson

Under Article V of the U.S. Constitution, two thirds of state legislatures may require Congress to call a “Convention for proposing Amendments.” Because this procedure has never been used, commentators frequently debate the composition of the convention and the rules governing the application and convention process. However, the debate has proceeded almost entirely without knowledge of the many multi-colony and multi-state conventions held during the eighteenth century, of which the Constitutional Convention was only one. These conventions were governed by universally-accepted convention practices and protocols. This Article surveys those conventions and shows how their practices and protocols shaped the ...


Founding Era Conventions And The Constitution's "Convention For Proposing Amendments", Robert G. Natelson Dec 2012

Founding Era Conventions And The Constitution's "Convention For Proposing Amendments", Robert G. Natelson

Robert G. Natelson

Under Article V of the U.S. Constitution, two thirds of state legislatures may require Congress to call a “Convention for proposing Amendments.” Because this procedure has never been used, commentators frequently debate the composition of the convention and the rules governing the application and convention process. However, the debate has proceeded almost entirely without knowledge of the many multi-colony and multi-state conventions held during the eighteenth century, of which the Constitutional Convention was only one. These conventions were governed by universally-accepted convention practices and protocols. This Article surveys those conventions and shows how their practices and protocols shaped the ...


How Bad Were The Official Records Of The Federal Convention?, Mary Sarah Bilder Oct 2012

How Bad Were The Official Records Of The Federal Convention?, Mary Sarah Bilder

Mary Sarah Bilder

The official records of the Constitutional Convention of 1787 have been neglected and dismissed by scholars for the last century, largely to due to Max Farrand’s criticisms of both the records and the man responsible for keeping them - Secretary of the Convention William Jackson. This Article disagrees with Farrand’s conclusion that the Convention records were bad, and aims to resurrect the records and Jackson’s reputation. The Article suggests that the endurance of Farrand’s critique arises in part from misinterpretations of certain procedural components of the Convention and failure to appreciate the significance of others, understandable considering ...


Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter J. Aschenbrenner May 2012

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.


Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell May 2012

Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell

Scholarly Works

From its conceptual origin in Magna Charta, due process of law has required that government can deprive persons of rights only pursuant to a coordinated effort of separate institutions that make, execute, and adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern “substantive due process” have obscured the way that many American lawyers and courts understood due process to limit the legislature from the Revolutionary era through the Civil War. They understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was ...


A Machine Made Of Words: Our Incompletely Theorized Constitution, Gregory Brazeal May 2011

A Machine Made Of Words: Our Incompletely Theorized Constitution, Gregory Brazeal

The University of New Hampshire Law Review

[Excerpt]”Many scholars have observed that the Constitution of the United States can be understood as an example of what Cass Sunstein calls an “incompletely theorized agreement.” The Constitution contains a number of extremely general terms, such as “liberty,” “necessary and proper,” and “due process.” The Framers of the Constitution, it is suggested, did not attempt to specify precisely how each of these principles would operate in every case. On this view, the Constitution is incompletely theorized in the sense of representing “a comfortable and even emphatic agreement on a general principle, accompanied by sharp disagreement about particular cases.” For ...


Constitution Day, 2008, Robert Berry Jan 2008

Constitution Day, 2008, Robert Berry

Library Publications

Robert Berry, the research librarian for the social sciences at the Sacred Heart University Library, has written an essay about the United States Constitution and the freedom of speech and expression. The essay was written for the occasion of Constitution Day 2008 at Sacred Heart University.


Constitution Day, 2007, Robert Berry Jan 2007

Constitution Day, 2007, Robert Berry

Library Publications

Robert Berry, the research librarian for the social sciences at the Ryan Matura Library, has written an essay about the Constitution and the American founding, on the occasion of Constitution Day 2007 at Sacred Heart University.


Letter From Daniel Webster Concerning The Word "Slavery" In Constitution, Dated 1850, Daniel Webster Feb 1850

Letter From Daniel Webster Concerning The Word "Slavery" In Constitution, Dated 1850, Daniel Webster

Broadus R. Littlejohn, Jr. Manuscript and Ephemera Collection

Daniel Webster writes Reverand S. K. Lothrop to question where to find the observation from Mr. Madison that states the reason to keep the word "slavery" from the Constitution, dated Feb. 27, 1850.