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Articles 361 - 390 of 390

Full-Text Articles in United States History

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 ...


The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts Jan 1999

The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel Dec 1998

Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel

David B Kopel

Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.


Remarks By U.S. Senator Robert C. Byrd The Constitution In Peril, Robert C. Byrd Dec 1998

Remarks By U.S. Senator Robert C. Byrd The Constitution In Peril, Robert C. Byrd

West Virginia Law Review

No abstract provided.


The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak Sep 1997

The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak

Mary L. Dudziak

When President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas to enforce a school desegregation order at Central High School in the fall of 1957, more than racial equality was at issue. The image of American democracy was at stake. The Little Rock crisis played out on a world stage, as news media around the world covered the crisis. During the weeks of impasse leading up to Eisenhower's dramatic intervention, foreign critics questioned how the United States could argue that its democratic system of government was a model for others to follow when racial segregation was tolerated ...


The Futility Of Campaign Finance Reform: A Historical Perspective, Christopher H. Hoebeke Jul 1997

The Futility Of Campaign Finance Reform: A Historical Perspective, Christopher H. Hoebeke

Christopher H Hoebeke

No abstract provided.


Relativism, Reflective Equilibrium, And Justice, Justin Schwartz Jan 1997

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into ...


Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban, David B. Kopel, Glenn Harlan Reynolds Jan 1997

Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban, David B. Kopel, Glenn Harlan Reynolds

David B Kopel

In United States v. Lopez, the United States Supreme Court struck down the federal Gun Free School Zones law as not within congressional power to regulate interstate commerce. This article examines post-Lopez jurisprudence regarding the permissible scope of federal criminal law. Analyzing a wide variety of federal criminal laws challenged in post-Lopez cases (including arson, robbery, gun possession, drugs, violence against women, and abortion clinic disruption), the article shows how courts have followed or evaded Lopez. Studying the proposed federal ban on partial birth abortions, the article suggests that the ban is not a lawful exercise of Congress' interstate commerce ...


Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson Jan 1996

Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson

David B Kopel

Domestic terrorism is not a reason to abrogate constitutional rights, argues this 101-page paper, which discusses the 1996 omnibus federal terrorism bill, and other terror proposals. Topics include: scope of the terrorism problem; Britain's mistaken response to terror; use of the military in law enforcement; the Internet; militias; wiretapping; the FBI; and federalizing local crime.


Democratizing The Constitution: The Failure Of The Seventeenth Amendment, Christopher H. Hoebeke Dec 1995

Democratizing The Constitution: The Failure Of The Seventeenth Amendment, Christopher H. Hoebeke

Christopher H Hoebeke

No abstract provided.


Exclusion To Emancipation: A Comparative Analysis Of Women's Citizenship In Australia And The United States 1869-1921, Linda J. Kirk Apr 1995

Exclusion To Emancipation: A Comparative Analysis Of Women's Citizenship In Australia And The United States 1869-1921, Linda J. Kirk

West Virginia Law Review

No abstract provided.


The Governorship Of Bob Riley, Brian Stanford Miller Jan 1993

The Governorship Of Bob Riley, Brian Stanford Miller

Honors Theses

Without a backward glance Bob Riley, his wife, Claudia, and their daughter, Megan negotiated the Capitol stairway to the bottom floor, while above them in the House chamber legislators waited for the arrival of the 39th governor of Arkansas. At the bottom of the steps Vaughn Webb, an aide in the Secretary of State's office, presented Riley with an Arkansas state flag that had flown that morning of January 14, 1975, while several admirers applauded from the second floor railing above. Riley then left for Arkadelphia, where he would resume his role as head of the Political Science department ...


The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams Jan 1988

The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams

Faculty Scholarship at Penn Law

No abstract provided.


The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen Jan 1988

The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


The Treaty That Made America A World Power, William F. Swindler Sep 1983

The Treaty That Made America A World Power, William F. Swindler

Popular Media

No abstract provided.


The Land Rights Of Indigenous Canadian Peoples, Brian Slattery Dec 1978

The Land Rights Of Indigenous Canadian Peoples, Brian Slattery

Brian Slattery

The problem examined in this work is whether the land rights originally held by Canada's Indigenous peoples survived the process whereby the British Crown acquired sovereignty over their territories, and, if so, in what form. The question, although historical in nature, has important implications for current disputes involving Aboriginal land claims in Canada. It is considered here largely as a matter of first impression. The author has examined the historical evidence with a fresh eye, in the light of contemporaneous legal authorities. Due consideration is given to modern case-law, but the primary focus is upon the historical process proper.


Background To The Second Amendment, : "A Well Regulated Militia Being Necessary To The Security Of A Free State, The Right Of The People To Keep And Bear Arms Shall Not Be Infringed.", John Thomas Nichols Jan 1977

Background To The Second Amendment, : "A Well Regulated Militia Being Necessary To The Security Of A Free State, The Right Of The People To Keep And Bear Arms Shall Not Be Infringed.", John Thomas Nichols

Dissertations and Theses

Research into the background of the Second Amendment is hampered by its relationship to the current highly emotional debate over gun control. Many otherwise useful secondary sources either ignore the issue completely or give accounts which reflect the controversies of the twentieth century rather than those of the eighteenth. Fortunately, however, the Americans of the revolutionary era wrote extensively about the subject.

With independence, the Americans were faced with the problem of organizing and controlling a defense establishment. The new nation was virtually defenseless: the

Continental Army was disbanded and the militia, after years of neglect, emasculated. During the decade ...


De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman Mar 1972

De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman

Faculty Scholarship at Penn Law

No abstract provided.


The Achilles Heel Of Constitutional Government In America: The Use And Abuse Of The Public Money Power, O. R. Mcguire Dec 1939

The Achilles Heel Of Constitutional Government In America: The Use And Abuse Of The Public Money Power, O. R. Mcguire

West Virginia Law Review

No abstract provided.


Some Vital Principles Of The American Constitutional Government, John H. Hatcher Apr 1937

Some Vital Principles Of The American Constitutional Government, John H. Hatcher

West Virginia Law Review

No abstract provided.


State And Nation In A Federal System, Louis B. Boudin Dec 1934

State And Nation In A Federal System, Louis B. Boudin

West Virginia Law Review

One of the fundamental problems in a federal system is the problem who should have the deciding voice in the question of the division of power between the State and the Nation. This problem is twofold: First: Is this question to be decided by the component "states" or by the nation or confederacy as a whole? Second: What organ - legislative, executive, or judicial, - should be entitled to speak in the name of the deciding authority, whether that be "state" or "nation"? It is generally assumed that the United States Constitution has solved this problem by giving the United States Supreme ...


God In The Constitution, Robert T. Donley Apr 1933

God In The Constitution, Robert T. Donley

West Virginia Law Review

No abstract provided.


The Story Of The Constitution, C. H. Ambler Feb 1933

The Story Of The Constitution, C. H. Ambler

West Virginia Law Review

No abstract provided.


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.


Charge Of Chief Justice Durfee, Job Durfee Mar 1842

Charge Of Chief Justice Durfee, Job Durfee

Pamphlets: Contemporary Assessments of the Dorr Rebellion

No abstract provided.


To The Members Of The General Assembly Of Rhode Island, John Pitman Jan 1842

To The Members Of The General Assembly Of Rhode Island, John Pitman

Pamphlets: Contemporary Assessments of the Dorr Rebellion

No abstract provided.


Address On The Right Of Suffrage, Seth Luther Dec 1832

Address On The Right Of Suffrage, Seth Luther

Pamphlets: Contemporary Assessments of the Dorr Rebellion

No abstract provided.


Extension Of Suffrage, B. Hazard Jan 1829

Extension Of Suffrage, B. Hazard

Pamphlets: Contemporary Assessments of the Dorr Rebellion

No abstract provided.


Journal Of The Convention, Begun And Held At The Capitol In The Town Of Frankfort, On Monday The Twenty-Second Day Of July, In The Year Of Our Lord One Thousand, Seven Hundred And Ninety-Nine., Kentucky Constitutional Convention (1799) Jan 1799

Journal Of The Convention, Begun And Held At The Capitol In The Town Of Frankfort, On Monday The Twenty-Second Day Of July, In The Year Of Our Lord One Thousand, Seven Hundred And Ninety-Nine., Kentucky Constitutional Convention (1799)

Constitutional Conventions

No abstract provided.


Journal Of The First Constitutional Convention Of Kentucky, Kentucky Constitutional Convention (1792) Dec 1791

Journal Of The First Constitutional Convention Of Kentucky, Kentucky Constitutional Convention (1792)

Constitutional Conventions

No abstract provided.