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Articles 31 - 60 of 390

Full-Text Articles in United States History

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 ...


Intersectionality And The Constitution Of Family Status, Serena Mayeri Jan 2017

Intersectionality And The Constitution Of Family Status, Serena Mayeri

Faculty Scholarship at Penn Law

Marital supremacy—the legal privileging of marriage—is, and always has been, deeply intertwined with inequalities of race, class, gender, and region. Many if not most of the plaintiffs who challenged legal discrimination based on family status in the 1960s and 1970s were impoverished women, men, and children of color who made constitutional equality claims. Yet the constitutional law of the family is largely silent about the status-based impact of laws that prefer marriage and disadvantage non-marital families. While some lower courts engaged with race-, sex-, and wealth-based discrimination arguments in family status cases, the Supreme Court largely avoided recognizing ...


Free Speech In Wartime: Sedition Acts During The Presidencies Of John Adams And Woodrow Wilson, Juliana M. Hafner Jan 2017

Free Speech In Wartime: Sedition Acts During The Presidencies Of John Adams And Woodrow Wilson, Juliana M. Hafner

University Honors Program Theses

This paper analyzes two time eras in which the United States federal government created and passed two sedition acts: in 1798 with President John Adams and in 1918 with President Woodrow Wilson. Both ultimately affected American’s freedom of speech during wartime, as well as during times of peace. This analysis addresses the specific acts themselves, the overall political atmosphere in each time period, including who were considered the country’s “enemies,” in-depth consideration of one court case per era, the government and public reaction to the acts, and the overall impact that both eras had on the development of ...


My Turn: 'We The People' And The Garland Nomination, John M. Greabe Sep 2016

My Turn: 'We The People' And The Garland Nomination, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Because I teach constitutional law, a friend recently asked me whether Judge Merrick Garland or President Obama might successfully sue to compel the Senate to take action on the nomination of Judge Garland to fill the vacancy on the United States Supreme Court.

Almost certainly not, I told him. Under settled precedent, a judge would dismiss such a case as raising a non-legal ''political" question. It would be very difficult to develop acceptable decisional standards for such a claim. Moreover, courts are reluctant to entertain lawsuits challenging mechanisms that the Senate uses to oversee the judiciary."


The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham Apr 2016

The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham

Notre Dame Law Review

The Fourteenth Amendment to our Constitution provides, in part, that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This “Privileges or Immunities Clause” has been called “the darling of the professoriate.” Indeed, in the last decade alone, law professors have published dozens of articles treating the provision. The focus of this particular study is the interpretation of the “privileges and immunities of citizens” offered by American political actors, including not only judges, but also elected officials and private citizens, before the Fourteenth Amendment, and primarily, on ...


A Birthday For The Upper Peninsula, Mark Ruge Jan 2016

A Birthday For The Upper Peninsula, Mark Ruge

Upper Country: A Journal of the Lake Superior Region

Everyone and everything should have its own birthday, particularly a special place like Michigan's Upper Peninsula, which does not. In this article, the author traces the political machinations of Michigan and the Upper Peninsula with a goal of finding the most appropriate birthday. He and the attendees at the Sonderegger Symposium XVI, sponsored by the Center for U.P. Studies, at Northern Michigan University, settle on December 14, 1836, the date when the final condition was met to establish the boundaries of Michigan as a state—boundaries that for the first time included the entirety of the Upper Peninsula ...


After Suffrage Comes Equal Rights? Era As The Next Logical Step, Tracy A. Thomas, Tj Boisseau Dec 2015

After Suffrage Comes Equal Rights? Era As The Next Logical Step, Tracy A. Thomas, Tj Boisseau

Tracy A. Thomas

Almost a full century in the making, the campaign for an ERA far exceeded in longevity the campaign for woman suffrage, however much a “logical next step” women's equality seemed to some following the spectacular achievement of the Nineteenth Amendment. The history of the amendment reveals how resistant to the idea of equality between men and women a political system -- even one that includes women as voters -- can be. In this chapter, we re-examine the route taken by the ERA through its many permutations in the century since the passage of woman suffrage. Proposed by Alice Paul in 1923 ...


Table Annexed To Article: The Text Of The Standing Orders Of The Federal Convention: Jackson’S And Madison’S Texts Surveyed, Peter Aschenbrenner Aug 2015

Table Annexed To Article: The Text Of The Standing Orders Of The Federal Convention: Jackson’S And Madison’S Texts Surveyed, Peter Aschenbrenner

Peter J. Aschenbrenner

Drawing on Farrand’s Records of the Federal Convention of 1787, Vol. 1, Our Constitutional Logic has reconciled the differences between the text of the standing Orders as presented in the text of William Jackson, the convention’s secretary, and James Madison, the convention’s semi-official reporter, both as edited by Max Farrand. This text will appear in 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 these texts in Founding the Science of Parliamentary Procedure, 1785-1789 ...


Thomas Jefferson’S First Inaugural Address In Mr Text Format (March 4, 1801) With Observations On The Tyranny Of The Majority And Tyranny Of The Minority, Peter Aschenbrenner Aug 2015

Thomas Jefferson’S First Inaugural Address In Mr Text Format (March 4, 1801) With Observations On The Tyranny Of The Majority And Tyranny Of The Minority, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents the 1,724 words of Thomas Jefferson’s First Inaugural Address, delivered March 4, 1801. The table annexed hereto presents this work in MR Text format. For OCL’s present purpose TJ’s invocation of TOM-TOM – the mathematical logic which supplies no convenient repose between the tyranny of the majority and the tyranny of the minority – is drawn to the reader’s attention.


Table Annexed To Article: Basic Texts In The Founding Of Parliamentary Science Originating From The United States (In Mr Text Format), Peter J. Aschenbrenner Jul 2015

Table Annexed To Article: Basic Texts In The Founding Of Parliamentary Science Originating From The United States (In Mr Text Format), Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents basic texts in parliamentary practice searchable in MR Text Format; these texts cover all of the procedural rules and standing orders from September 6, 1774 (the First Continental Congress) through the rules governing the United States Senate as of the publication of Thomas Jefferson’s Manual of Parliamentary Practice (1801).


The Text Of The Standing Orders Of The Federal Convention: Jackson’S And Madison’S Texts Surveyed, Peter J. Aschenbrenner Jul 2015

The Text Of The Standing Orders Of The Federal Convention: Jackson’S And Madison’S Texts Surveyed, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Drawing on Farrand’s Records of the Federal Convention of 1787, Vol. 1, Our Constitutional Logic has reconciled the differences between the text of the standing Orders as presented in the text of William Jackson, the convention’s secretary, and James Madison, the convention’s semi-official reporter, both as edited by Max Farrand. This text will appear in 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 these texts in Founding the Science of Parliamentary Procedure, 1785-1789 ...


Table Annexed To Article: Delegate Credentialing At The Continental Congress Sampled At The Opening Of Congress On November 3, 1783, Peter J. Aschenbrenner Jul 2015

Table Annexed To Article: Delegate Credentialing At The Continental Congress Sampled At The Opening Of Congress On November 3, 1783, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The Continental Congress opened its sessions in November; Our Constitutional Logic has selected the first opening after the Treaty of Paris (September 3, 1783) which is detailed at 25 Journals of the Continental Congress 795-799 on November 3 1783. Credentials were required to be no less than a year old or if of older vintage, the delegate must have presented them to the convention less than a year earlier. OCL supplies notes and comments to the passages keyed in at the table annexed hereto.


Delegate Credentialing At The Continental Congress Sampled At The Opening Of Congress On November 3, 1783, Peter J. Aschenbrenner Jul 2015

Delegate Credentialing At The Continental Congress Sampled At The Opening Of Congress On November 3, 1783, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The Continental Congress opened its sessions in November; Our Constitutional Logic has selected the first opening after the Treaty of Paris (September 3, 1783) which is detailed at 25 Journals of the Continental Congress 795-799 on November 3 1783. Credentials were required to be no less than a year old or if of older vintage, the delegate must have presented them to the convention less than a year earlier. OCL supplies notes and comments to the passages keyed in at the table annexed hereto.


Table Annexed To Article: Twenty-Five Votes That Made The Presidency, Peter J. Aschenbrenner Jul 2015

Table Annexed To Article: Twenty-Five Votes That Made The Presidency, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic details the twenty-five votes at the federal convention on August 24 and September 5 and 6, 1787 which resulted in Article II, Section 1, Clauses 1 to 3 (taken as output) from electing the President to making the second-to-the-top vote getter Vice-President. In this table each vote is broken down to show the proposal, the reasoning, the reconciliation between information from Farrand’s Records and the secretary of the convention, William Jackson, and James Madison’s Notes, along with a “rollcall” of those voting in favor or against, individually and by state, and further broken down into ...


Why Do Political Societies Exist?, Peter J. Aschenbrenner Jul 2015

Why Do Political Societies Exist?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic details three overarching purposes of political societies considered as constructs within civil or bourgeois society: (1) promoting of private wealth (and its counterpart goal: avoiding wealth destruction); (2) disabling hostility to minorities identified as such; (3) setting a threshold by which minorities (in coalition) may block organic change.


Table Annexed To Article: Thomas Jefferson’S First Inaugural Address In Mr Text Format (March 4, 1801) With Observations On The Tyranny Of The Majority And Tyranny Of The Minority,, Peter J. Aschenbrenner Jul 2015

Table Annexed To Article: Thomas Jefferson’S First Inaugural Address In Mr Text Format (March 4, 1801) With Observations On The Tyranny Of The Majority And Tyranny Of The Minority,, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents the 1,724 words of Thomas Jefferson’s First Inaugural Address, delivered March 4, 1801. The table annexed hereto presents this work in MR Text format. For OCL’s present purpose TJ’s invocation of TOM-TOM – the mathematical logic which supplies no convenient repose between the tyranny of the majority and the tyranny of the minority – is drawn to the reader’s attention.


The Pasha’S ‘Declaration Of Initiative’, Peter J. Aschenbrenner Jul 2015

The Pasha’S ‘Declaration Of Initiative’, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The Pasha has yet more, in this sixth article, to regret, and a Proclamation to his subjects in Far Far Away Sylvania seems in order. With the inestimable assistance of Grand Vizier, one is drafted. By coincidence the text of what we know as the Declaration of Rebellion, August 23, 1775 is at hand. This is has inspired the Pasha to his Declaration of Initiative. King George III isn’t mocked in this article, but the mysteries of text declaring the limits of power sharing, that is, text defining the limits of textual reliability, are surely gored.


The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram May 2015

The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram

Harvey M. Applebaum ’59 Award

This thesis examines the extent of the President’s wartime detention authority over citizens (in particular, detention authority pursuant to Article II of the U.S. Constitution) through a legal-historical lens. Some Presidents (Abraham Lincoln, Franklin Roosevelt, George W. Bush) have historically relied on Article II authority for detention, while others (Ulysses Grant, Barack Obama) have disclaimed the notion that such authority exists. Clarifying the scope and source of the Presidential detention authority over citizens bears both theoretical and real-world relevance. Theoretically, it lies at the confluence of two central American constitutional traditions – the separation of powers, and the protection ...


Examining The Role Of Cultural Paradigm Shift On Originalist Interpretation: Implications On The Second Amendment, Arvin Alaigh Apr 2015

Examining The Role Of Cultural Paradigm Shift On Originalist Interpretation: Implications On The Second Amendment, Arvin Alaigh

Undergraduate Honors Theses

The Second Amendment is traditionally understood within the bounds of originalism, a method of Constitutional interpretation that calls on founding-era history as a means of ascertaining original meanings of the Constitution. Both proponents and opponents of gun regulation appeal to this history as a means of justifying their respective viewpoints – the former assumes an ‘individual right’ reading of the Amendment, while the latter maintains a ‘collective right’ interpretation. In this project, I describe the origins of the Second Amendment and its original context, affirming Saul Cornell’s ‘civic right’ interpretation, against both the individual and collective rights interpretations. I illustrate ...


Table Annexed To Article: Governments I And Ii Govern The Northwest Territories, Peter Aschenbrenner Mar 2015

Table Annexed To Article: Governments I And Ii Govern The Northwest Territories, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents, in both RC text and PDF text format, the legislative output of the Continental Congress and the first federal Congress by which the Northwest Territories were organized and brought within the orbit of the political society governed by the United States.


Details Of Political And Civil Service For Thirty-Five General Officers Serving In The Second War For American Independence, Peter Aschenbrenner Mar 2015

Details Of Political And Civil Service For Thirty-Five General Officers Serving In The Second War For American Independence, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has supplied A Census of Thirty-Five General Officers Appointed By Madison Before or During The Second War for American Independence, 2 OCL 915_Generals_Main; that project surveyed the 35 general officers who served in the regular army from June, 1812 through February, 1815, during the Second War for American Independence. The political and civil offices for each officer are named along with years of service and a total for all such civilian service


Table Annexed To Article: Birthing The Michigan Territory As A Nascent State, Peter J. Aschenbrenner Feb 2015

Table Annexed To Article: Birthing The Michigan Territory As A Nascent State, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents, in PDF text format, two statutes of the United States relevant to the founding of the Michigan Territory in 1805.


Details Of Military Service For Thirty-Five General Officers Serving, Peter J. Aschenbrenner Feb 2015

Details Of Military Service For Thirty-Five General Officers Serving, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has supplied A Census of Thirty-Five General Officers Appointed By Madison Before or During The Second War for American Independence, 2 OCL 915_Generals_Main; that project surveyed the 35 general officers who served in the regular army from June, 1812 through February, 1815 during the Second War for American Independence. The military service for each officer is detailed along with the most previous battlefield experience prior to selection.


A Census Of Thirty-Four General Officers Appointed By James Madison, Peter J. Aschenbrenner Feb 2015

A Census Of Thirty-Four General Officers Appointed By James Madison, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic supplies a census of the 35 general officers who served in the regular army from June, 1812 through February, 1815, during the Second War for American Independence. Madison inherited three GOs from previous presidents: Wilkinson from Washington and Gansevort and Hampton from Jefferson. The 35 appointments divide at 16 selections up to and including August, 1812 and 19 in or after March, 1813 and up to November, 1814


An Introduction To Quorum Issues At The Federal Convention, Peter Aschenbrenner Feb 2015

An Introduction To Quorum Issues At The Federal Convention, Peter 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 ...


Calling All Senators: Can A Few States Overthrow The Government?, Peter Aschenbrenner Feb 2015

Calling All Senators: Can A Few States Overthrow The Government?, 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 ...


Details Of Committee Membership At The Federal Convention, Peter Aschenbrenner Feb 2015

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 chairing ...


The Standard Model Introduced, Peter Aschenbrenner Feb 2015

The Standard Model Introduced, Peter Aschenbrenner

Peter J. Aschenbrenner

The standard model offers civil society’s perspective on the creation, management and disposition of political society. There is a one-to-one relationship between a civil society and a political society. Each political society creates, manages and disposes of systems. Taken as a system-of-systems, a political society fulfills service missions on behalf of and at the behest of the civil society. Agreement on this point may be drawn from Aristotle to Burke: civil society views a political society as a contrivance to fulfill its needs. Our Constitutional Logic offers three purposes of political societies considered as constructs within civil or bourgeois ...


The Standard Model And Its Service Missions, Peter Aschenbrenner Feb 2015

The Standard Model And Its Service Missions, Peter Aschenbrenner

Peter J. Aschenbrenner

The standard model offers civil society’s perspective on the creation, management and disposition of political society. For purposes of this investigation, political societies are treated as chartered organizations. Taken as a system-of-systems, a political society fulfills service missions on behalf of and at the behest of the civil society. What are service missions? What are types of service missions? And how do they differ from systems? Our Constitutional Logic answers these questions.


The Standard Model’S Eight Modules And How They Advanced The Eighteenth Century's Agenda, Peter J. Aschenbrenner Jan 2015

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.