The Other Madison Problem
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Popular Sovereignty, Slavery in the Territories, and the South, 1785-1860
Louisiana State University LSU Digital Commons LSU Doctoral Dissertations Graduate School 2010 Popular sovereignty, slavery in the territories, and the South, 1785-1860 Robert Christopher Childers Louisiana State University and Agricultural and Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_dissertations Part of the History Commons Recommended Citation Childers, Robert Christopher, "Popular sovereignty, slavery in the territories, and the South, 1785-1860" (2010). LSU Doctoral Dissertations. 1135. https://digitalcommons.lsu.edu/gradschool_dissertations/1135 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Doctoral Dissertations by an authorized graduate school editor of LSU Digital Commons. For more information, please [email protected]. POPULAR SOVEREIGNTY, SLAVERY IN THE TERRITORIES, AND THE SOUTH, 1785-1860 A Dissertation Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Doctor of Philosophy in The Department of History by Robert Christopher Childers B.S., B.S.E., Emporia State University, 2002 M.A., Emporia State University, 2004 May 2010 For my wife ii ACKNOWLEDGMENTS Writing history might seem a solitary task, but in truth it is a collaborative effort. Throughout my experience working on this project, I have engaged with fellow scholars whose help has made my work possible. Numerous archivists aided me in the search for sources. Working in the Southern Historical Collection at the University of North Carolina at Chapel Hill gave me access to the letters and writings of southern leaders and common people alike. -
Table of Contents
T a b l e C o n T e n T s I s s u e 9 s u mm e r 2 0 1 3 o f pg 4 pg 18 pg 26 pg 43 Featured articles Pg 4 abraham lincoln and Freedom of the Press A Reappraisal by Harold Holzer Pg 18 interbranch tangling Separating Our Constitutional Powers by Judith s. Kaye Pg 26 rutgers v. Waddington Alexander Hamilton and the Birth Pangs of Judicial Review by David a. Weinstein Pg 43 People v. sanger and the Birth of Family Planning clinics in america by Maria T. Vullo dePartments Pg 2 From the executive director Pg 58 the david a. Garfinkel essay contest Pg 59 a look Back...and Forward Pg 66 society Officers and trustees Pg 66 society membership Pg 70 Become a member Back inside cover Hon. theodore t. Jones, Jr. In Memoriam Judicial Notice l 1 From the executive director udicial Notice is moving forward! We have a newly expanded board of editors Dearwho volunteer Members their time to solicit and review submissions, work with authors, and develop topics of legal history to explore. The board of editors is composed J of Henry M. Greenberg, Editor-in-Chief, John D. Gordan, III, albert M. rosenblatt, and David a. Weinstein. We are also fortunate to have David l. Goodwin, Assistant Editor, who edits the articles and footnotes with great care and knowledge. our own Michael W. benowitz, my able assistant, coordinates the layout and, most importantly, searches far and wide to find interesting and often little-known images that greatly compliment and enhance the articles. -
Tribal-State Relations
ISSUE BRIEF August 2012 Tribal-State Relations What’s Inside: • Key factors affecting The United States Congress and Tribal governments Tribal-State relations in have articulated the importance of protecting the safety, child welfare permanency, and well-being of American Indian and Alaska • Components of Native children. Through the Indian Child Welfare Act (ICWA) successful Tribal-State of 1978, Congress stated that there is “no resource that is relations more vital to the continued existence and integrity of Indian tribes than their children” (25 U.S.C. Sec. 1901). • Promising practices in Tribal-State relations This brief is intended to help States, Tribes, and related from across the country jurisdictions find ways to work together more effectively to • Conclusion meet the goals of ICWA. • Resources Child Welfare Information Gateway Children’s Bureau/ACYF 1250 Maryland Avenue, SW Eighth Floor Washington, DC 20024 800.394.3366 Email: [email protected] Use your smartphone to http://www.childwelfare.gov access this issue brief online. Tribal-State Relations http://www.childwelfare.gov • State jurisdiction over Tribal affairs, for Key Factors Affecting Tribal- instance, through Public Law 280 (P.L. 280), initially enacted in 1953 in six “mandatory” State Relations in Child Welfare States and other “optional” States in 1968 that elected to assume full or partial State jurisdiction on Indian reservations, and Tribal child welfare has had a particularly eliminating Federal jurisdiction for Indian poignant history in the past century. Country (Gardner & Melton, n.d.) Thousands of Indian children were forcibly removed from their homes, families, and • Tribal-State disagreements, especially those Tribes and placed in boarding schools where that end up in court and result in a “winner” a policy of assimilation left them unable to and a “loser” speak their Native language or participate • Availability of funding for child welfare in their Native culture. -
Columbia Law Review
COLUMBIA LAW REVIEW VOL. 99 DECEMBER 1999 NO. 8 GLOBALISM AND THE CONSTITUTION: TREATIES, NON-SELF-EXECUTION, AND THE ORIGINAL UNDERSTANDING John C. Yoo* As the globalization of society and the economy accelerates, treaties will come to assume a significant role in the regulation of domestic affairs. This Article considers whether the Constitution, as originally understood, permits treaties to directly regulate the conduct of private parties without legislative implementation. It examines the relationship between the treaty power and the legislative power during the colonial, revolutionary, Framing, and early nationalperiods to reconstruct the Framers' understandings. It concludes that the Framers believed that treaties could not exercise domestic legislative power without the consent of Congress, because of the Constitution'screation of a nationallegislature that could independently execute treaty obligations. The Framers also anticipatedthat Congress's control over treaty implementa- tion through legislation would constitute an importantcheck on the executive branch'spower in foreign affairs. TABLE OF CONTENTS Introduction .................................................... 1956 I. Treaties, Non-Self-Execution, and the Internationalist View ..................................................... 1962 A. The Constitutional Text ................................ 1962 B. Globalization and the PoliticalBranches: Non-Self- Execution ............................................. 1967 C. Self-Execution: The InternationalistView ................ -
The Strange Career of Thomas Jefferson Race and Slavery in American Memory, I94J-I99J
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Richmond University of Richmond UR Scholarship Repository History Faculty Publications History 1993 The trS ange Career of Thomas Jefferson: Race and Slavery in American Memory Edward L. Ayers University of Richmond, [email protected] Scot A. French Follow this and additional works at: http://scholarship.richmond.edu/history-faculty-publications Part of the Race and Ethnicity Commons, and the United States History Commons Recommended Citation Ayers, Edward L. and Scot A. French. "The trS ange Career of Thomas Jefferson: Race and Slavery in American Memory." In Jeffersonian Legacies, edited by Peter S. Onuf, 418-456. Charlottesville: University Press of Virginia, 1993. This Book Chapter is brought to you for free and open access by the History at UR Scholarship Repository. It has been accepted for inclusion in History Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. CHAPTER I 4 The Strange Career of Thomas Jefferson Race and Slavery in American Memory, I94J-I99J SCOT A. FRENCH AND EDWARD L. AYERS For generations, the memory of Thomas Jefferson has been inseparable from his nation's memory of race and slavery. Just as Jefferson's words are invoked whenever America's ideals of democracy and freedom need an elo quent spokesman, so are his actions invoked when critics level charges of white guilt, hypocrisy, and evasion. In the nineteenth century, abolitionists used Jefferson's words as swords; slaveholders used his example as a shield. -
Virginia Historical Society the CENTER for VIRGINIA HISTORY
Virginia Historical Society THE CENTER FOR VIRGINIA HISTORY ANNUAL REPORT FOR 2004 ANNUAL MEETING, 23 APRIL 2005 Annual Report for 2004 Introduction Charles F. Bryan, Jr. President and Chief Executive Officer he most notable public event of 2004 for the Virginia Historical Society was undoubtedly the groundbreaking ceremony on the first of TJuly for our building expansion. On that festive afternoon, we ushered in the latest chapter of growth and development for the VHS. By turning over a few shovelsful of earth, we began a construction project that will add much-needed programming, exhibition, and storage space to our Richmond headquarters. It was a grand occasion and a delight to see such a large crowd of friends and members come out to participate. The representative individuals who donned hard hats and wielded silver shovels for the formal ritual of begin- ning construction stood in for so many others who made the event possible. Indeed, if the groundbreaking was the most important public event of the year, it represented the culmination of a vast investment behind the scenes in forward thinking, planning, and financial commitment by members, staff, trustees, and friends. That effort will bear fruit in 2006 in a magnifi- cent new facility. To make it all happen, we directed much of our energy in 2004 to the 175th Anniversary Campaign–Home for History in order to reach the ambitious goal of $55 million. That effort is on track—and for that we can be grateful—but much work remains to be done. Moreover, we also need to continue to devote resources and talent to sustain the ongoing programs and activities of the VHS. -
History and Structure of Article Iii
THE HISTORY AND STRUCTURE OF ARTICLE III DANIEL J. MELTZERt In his present article and two that preceded it,' Akhil Amar takes issue with what has come to be regarded as the traditional view of article III-that Congress has plenary authority over federal court jurisdiction. According to that view, Congress may deprive the lower federal courts, the Supreme Court, or all federal courts of jurisdic- tion over any cases within the federal judicial power, excepting only 2 those few that fall within the Supreme Court's original jurisdiction. Amar's powerful challenge to this tradition resembles two other t Professor of Law, Harvard University. A.B. 1972, J.D. 1975, Harvard University. I am grateful to Dick Fallon, Willy Fletcher, Gerry Gunther, and David Shapiro for their encouragement and perceptive comments, and to Matt Kreeger and Sylvia Quast for helpful suggestions and tireless research assistance. Special thanks go to Akhil Amar, whose careful and probing criticism saved me from errors and clarified my own thinking, even though he did not quite convert me. 1 See Amar, Marbury, Section 13, and the OriginalJurisdiction of the Supreme Court, 56 U. CHI. L. REv. 443 (1989) [hereinafter Amar, OriginalJurisdiction]; Amar, A Neo- FederalistFiew ofArticle III: Separatingthe Two Tiers of FederalJurisdiction,65 B.U.L. REv. 205 (1985) [hereinafter Amar, Neo-Federalist View]. 2 See, e.g., Bator, CongressionalPower Over the Jurisdiction of the Federal Courts, 27 VILL. L. REV. 1030, 1030-31 (1982); Gunther, Congressional Power to Curtail Federal CourtJurisdiction: An Opinionated Guide to the Ongoing Debate, 36 STAN. L. REV. 895, 901- 10 (1984); Redish, Congressional Power to Regulate Supreme Court Appellate Jurisdiction Under the Exceptions Clause: An Internal and External Examination, 27 VILL. -
The Soul of America by Jon Meacham
The Soul of America By Jon Meacham Answer the following: Chapter 1 (pg. 23-47) 1. What is the difference between The First Charter of Virginia (1606) and A Model of Christian Charity (1630)? How do each represent a contradiction? Pg. 23-24 2. How is Abraham Lincoln an example of “…birth mattered less than it ever had before…” when it came to the American dream of wealth & happiness. Pg. 24 3. Starting on page 24 and continuing through page 27, Meacham explains why the American presidency is important to the American experience. Give an example of why this is so. Also explain how the competing views of Thomas Paine’s Common Sense and practical experience of the Revolutionary War and Confederation period shaped thoughts on government. 4. What fundamental role did president Lyndon Johnson want to accomplish as President? Pg. 27 5. How did Alexander Hamilton curtail his enthusiasm over the role of the President in two of his Federalist essays? Pg. 27-28 6. What began to change in regard to political power by the time of Andrew Jackson’s presidency? Give some examples of how Jackson was “the most contradictory of men”. Pg. 29-31 7. Give examples of how Abraham Lincoln further changed the role of the president by expanded on the ideals of both Jefferson & Jackson, especially after is Gettysburg Address. Pg. 31-32 8. How does Theodore Roosevelt, Woodrow Wilson and Franklin Delano Roosevelt begin to further define the role of the presidency? Pg. 35-40 Chapter 2 (pg. 51-69) 9. After the Civil War, how did the South try to reimagine the purpose of the war in their terms? Why is this a false narrative of the events? Pg. -
The United States and the Articles of Confederation: Drifting Toward Anarchy Or Inching Toward Commonwealth?*
The United States and the Articles of Confederation: Drifting Toward Anarchy or Inching Toward Commonwealth?* On June 7, 1776, Richard Henry Lee proposed to the Second Con- tinental Congress "[t]hat these United Colonies are, and of right ought to be, free and independent States," and "[t]hat a plan of confederation be prepared and transmitted to the respective Colonies for their con- sideration and approbation."' Lee's resolution reflected the linkage between independence and confederation in the public mind.2 The result was the Articles of Confederation, drafted in 1776-1777 and fi- nally ratified on March 1, 1781, which remained in effect until 1789 and represented the first American experiment with a written na- tional charter.3 The conventional view of this period is that it was dominated by deep factional conflict concerning the amount of power that should be vested in the national government. 4 The text of the Articles, ac- cording to this view, represented a victory for the group favoring minimal national authority, 5 and as a result the Articles government * The author acknowledges with gratitude the assistancc of Professor William E. Nelson of the Yale Law School in providing critical guidance and granting permission to make use of unpublished research materials. 1. 5 JOURNALS OF THE CONTINENTAL CONGRESS 425 (W. Ford ed. 1906) [hereinafter cited without cross-reference as JOURNALS]. 2. See NEw JERSEY IN THE AMERICAN REVOLUTION, 1763-1783: A DOCUMENT.ARY HISTORY 402 (L. Gerlach ed. 1975) (issues of independence and confederation were inseparable) [hereinafter cited as DOCUIENTARY HISTORY]; cf. Jensen, The Articles of Confederation, in FUNDAMENTAL TESTAMENTS OF TilE AMERICAN RLvoI.UTIoN 62 (Library of Congress Sym- posium on the American Revolution 1973) (politicians who opposed confederation did so because they saw it as step toward independence) [hereinafter cited as Jensen, TESTA ENTS]. -
Report to the Attorney General Economic Liberties Protected by the Constitution
If you have issues viewing or accessing this file contact us at NCJRS.gov. .. U.S. Department of JustIce Office of Legal Policy ]Report to the Attorney General Economic Liberties Protected by the Constitution March 16, 1988 ~ ~ 115093 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating It. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Ponnission to reproduce this ~material has been granted by. PubI1C Domain/Office of Legal Poli_co±y________ _ to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis sion of the ~ht owner. REPORT TO THE ATTORNEY GENERAL ON ECONOMIC LIBERTIES PROTECI'ED BY THE CONSTITUTION JAN 1:) Rec'd ACQUISITIONS Office of Legal Policy March 16, 1988 ®fftrr of tqP 1\ttotnPR Qf)puprnl Iht.sltingtnn; ]1. at. znssn In June, 1986, it was my pleasure to host the Attorney General's Conference on Economic Liberties at the Department of Justice in Washington, D.C. This conference provided an opportunity for a candid exchange of the very different views held by prominent legal scholars on the scope of constitutional j"rotections afforded to economic rights. The conference served as a catalyst for increased discussion of these issues both within the Department and outside it. The present study, "Economic Liberties Protected by the Constitution," is a further contribution to that discussion. It was prepared by the Justice Department's Office of Legal Policy, which functions as a policy development staff for the Department and undertakes comprehensive analyses of contemporary legal issues. -
Virginian Writers Fugitive Verse
VIRGIN IAN WRITERS OF FUGITIVE VERSE VIRGINIAN WRITERS FUGITIVE VERSE we with ARMISTEAD C. GORDON, JR., M. A., PH. D, Assistant Proiesso-r of English Literature. University of Virginia I“ .‘ '. , - IV ' . \ ,- w \ . e. < ~\ ,' ’/I , . xx \ ‘1 ‘ 5:" /« .t {my | ; NC“ ‘.- ‘ '\ ’ 1 I Nor, \‘ /" . -. \\ ' ~. I -. Gil-T 'J 1’: II. D' VI. Doctor: .. _ ‘i 8 » $9793 Copyrighted 1923 by JAMES '1‘. WHITE & C0. :To MY FATHER ARMISTEAD CHURCHILL GORDON, A VIRGINIAN WRITER OF FUGITIVE VERSE. ACKNOWLEDGMENTS. The thanks of the author are due to the following publishers, editors, and individuals for their kind permission to reprint the following selections for which they hold copyright: To Dodd, Mead and Company for “Hold Me Not False” by Katherine Pearson Woods. To The Neale Publishing Company for “1861-1865” by W. Cabell Bruce. To The Times-Dispatch Publishing Company for “The Land of Heart‘s Desire” by Thomas Lomax Hunter. To The Curtis Publishing Company for “The Lane” by Thomas Lomax Hunter (published in The Saturday Eve- ning Post, and copyrighted, 1923, by the Curtis Publishing 00.). To the Johnson Publishing Company for “Desolate” by Fanny Murdaugh Downing (cited from F. V. N. Painter’s Poets of Virginia). To Harper & Brothers for “A Mood” and “A Reed Call” by Charles Washington Coleman. To The Independent for “Life’s Silent Third”: by Charles Washington Coleman. To the Boston Evening Transcript for “Sister Mary Veronica” by Nancy Byrd Turner. To The Century for “Leaves from the Anthology” by Lewis Parke Chamberlayne and “Over the Sea Lies Spain” by Charles Washington Coleman. To Henry Holt and Company for “Mary‘s Dream” by John Lowe and “To Pocahontas” by John Rolfe. -
Republican Moments: the Role of Direct Popular Power in the American Constitutional Order
University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 139 DECEMBER 1990 No. 2 ARTICLES REPUBLICAN MOMENTS: THE ROLE OF DIRECT POPULAR POWER IN THE AMERICAN CONSTITUTIONAL ORDER James Gray Popet INTRODUCTION .................................. 289 I. POPULAR VS. ELITIST REPUBLICANISM ON DIRECT POPULAR PARTICIPATION ............................... 295 A. Background: The Republican Revival ............. 296 t Associate Professor of Law, Rutgers University School of Law, Newark, New Jersey. A.B. 1974,J.D. 1983 Harvard University. Earlier versions of this paper were presented to the Boston University Legal History Group and the Rutgers Law Faculty Colloquium. The final product benefitted greatly from critical comments by Akhil Reed Amar, C. Edwin Baker, CathieJo Martin, Eric Neisser, Richard Davies Parker, and John M. Payne. I am especially indebted to Vicki Been, Richard Revesz, and Aviam Soifer, who provided detailed critiques on short notice. James C.N. Paul gave guidance and encouragement throughout. Able research assistance was provided by Lisa Buckley, John Cioffi, Angela DiLeo, Nancy Gage, Sandra Levy, Mary Uva, Rosalind Westlake, and David Zuckerbrot. The S.I. Newhouse Research Fund supplied much-needed financial support. (287) 288 UNIVERSITY OF PENNSYLVANIA LAW REVIEW [Vol. 139:287 B. Direct PopularParticipation and the Problem of Size .... 297 C. The Elitist Solution .......................... 299 D. Back to Square One .......................... 301 E. A PopularRepublican Dilemma .................... 302 II. REPUBLICAN MOMENTS .......................... 304 A. Ackerman's ConstitutionalMoments ................ 304 B. Public Purpose and Creedal Passion ................ 306 C. Republican Moments ......................... 310 D. PopularRepublican Pathologies? ................... 313 III. REPUBLICAN MOMENTS AS A PARTIAL ANTIDOTE TO INTEREST GROUP POLITICS .............................. 315 A. From Narrow Self-Interest to Public Virtue ...........