The Basis of the Spending Power
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Congress's Power Over Appropriations: Constitutional And
Congress’s Power Over Appropriations: Constitutional and Statutory Provisions June 16, 2020 Congressional Research Service https://crsreports.congress.gov R46417 SUMMARY R46417 Congress’s Power Over Appropriations: June 16, 2020 Constitutional and Statutory Provisions Sean M. Stiff A body of constitutional and statutory provisions provides Congress with perhaps its most Legislative Attorney important legislative tool: the power to direct and control federal spending. Congress’s “power of the purse” derives from two features of the Constitution: Congress’s enumerated legislative powers, including the power to raise revenue and “pay the Debts and provide for the common Defence and general Welfare of the United States,” and the Appropriations Clause. This latter provision states that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Strictly speaking, the Appropriations Clause does not provide Congress a substantive legislative power but rather constrains government action. But because Article I vests the legislative power of the United States in Congress, and Congress is therefore the moving force in deciding when and on what terms to make public money available through an appropriation, the Appropriations Clause is perhaps the most important piece in the framework establishing Congress’s supremacy over public funds. The Supreme Court has interpreted and applied the Appropriations Clause in relatively few cases. Still, these cases provide important fence posts marking the extent of Congress’s -
Philadelphia, the Indispensable City of the American Founding the FPRI Ginsburg—Satell Lecture 2020 Colonial Philadelphia
Philadelphia, the Indispensable City of the American Founding The FPRI Ginsburg—Satell Lecture 2020 Colonial Philadelphia Though its population was only 35,000 to 40,000 around 1776 Philadelphia was the largest city in North America and the second-largest English- speaking city in the world! Its harbor and central location made it a natural crossroads for the 13 British colonies. Its population was also unusually diverse, since the original Quaker colonists had become a dwindling minority among other English, Scottish, and Welsh inhabitants, a large admixture of Germans, plus French Huguenots, Dutchmen, and Sephardic Jews. But Beware of Prolepsis! Despite the city’s key position its centrality to the American Revolution was by no means inevitable. For that matter, American independence itself was by no means inevitable. For instance, William Penn (above) and Benjamin Franklin (below) were both ardent imperial patriots. We learned of Franklin’s loyalty to King George III last time…. Benjamin Franklin … … and the Crisis of the British Empire The FPRI Ginsburg-Satell Lecture 2019 The First Continental Congress met at Carpenters Hall in Philadelphia where representatives of 12 of the colonies met to protest Parliament’s Coercive Acts, deemed “Intolerable” by Americans. But Congress (narrowly) rejected the Galloway Plan under which Americans would form their own legislature and tax themselves on behalf of the British crown. Hence, “no taxation without representation” wasn’t really the issue. WHAT IF… The Redcoats had won the Battle of Bunker Hill (left)? The Continental Army had not escaped capture on Long Island (right)? Washington had been shot at the Battle of Brandywine (left)? Or dared not undertake the risky Yorktown campaign (right)? Why did King Charles II grant William Penn a charter for a New World colony nearly as large as England itself? Nobody knows, but his intention was to found a Quaker colony dedicated to peace, religious toleration, and prosperity. -
Signers of the United States Declaration of Independence Table of Contents
SIGNERS OF THE UNITED STATES DECLARATION OF INDEPENDENCE 56 Men Who Risked It All Life, Family, Fortune, Health, Future Compiled by Bob Hampton First Edition - 2014 1 SIGNERS OF THE UNITED STATES DECLARATION OF INDEPENDENCE TABLE OF CONTENTS INTRODUCTON Page Table of Contents………………………………………………………………...………………2 Overview………………………………………………………………………………...………..5 Painting by John Trumbull……………………………………………………………………...7 Summary of Aftermath……………………………………………….………………...……….8 Independence Day Quiz…………………………………………………….……...………...…11 NEW HAMPSHIRE Josiah Bartlett………………………………………………………………………………..…12 William Whipple..........................................................................................................................15 Matthew Thornton……………………………………………………………………...…........18 MASSACHUSETTS Samuel Adams………………………………………………………………………………..…21 John Adams………………………………………………………………………………..……25 John Hancock………………………………………………………………………………..….29 Robert Treat Paine………………………………………………………………………….….32 Elbridge Gerry……………………………………………………………………....…….……35 RHODE ISLAND Stephen Hopkins………………………………………………………………………….…….38 William Ellery……………………………………………………………………………….….41 CONNECTICUT Roger Sherman…………………………………………………………………………..……...45 Samuel Huntington…………………………………………………………………….……….48 William Williams……………………………………………………………………………….51 Oliver Wolcott…………………………………………………………………………….…….54 NEW YORK William Floyd………………………………………………………………………….………..57 Philip Livingston…………………………………………………………………………….….60 Francis Lewis…………………………………………………………………………....…..…..64 Lewis Morris………………………………………………………………………………….…67 -
The Original Meaning of the Constitution's Postal Clause
Birmingham City School of Law British Journal of British Journal of American Legal Studies | Volume 7 Issue 1 7 Issue Legal Studies | Volume British Journal of American American Legal Studies Volume 7 Issue 1 Spring 2018 ARTICLES Founding-Era Socialism: The Original Meaning of the Constitution’s Postal Clause Robert G. Natelson Toward Natural Born Derivative Citizenship John Vlahoplus Felix Frankfurter and the Law Thomas Halper Fundamental Rights in Early American Case Law: 1789-1859 Nicholas P. Zinos The Holmes Truth: Toward a Pragmatic, Holmes-Influenced Conceptualization of the Nature of Truth Jared Schroeder Acts of State, State Immunity, and Judicial Review in the United States Zia Akthar ISSN 2049-4092 (Print) British Journal of American Legal Studies Editor-in-Chief: Dr Anne Richardson Oakes, Birmingham City University. Associate Editors Dr. Sarah Cooper, Birmingham City University. Dr. Haydn Davies, Birmingham City University. Prof. Julian Killingley, Birmingham City University. Prof. Jon Yorke, Birmingham City University. Seth Barrett Tillman, National University of Ireland, Maynooth. Birmingham City University Student Editorial Assistants 2017-2018 Mercedes Cooling Graduate Editorial Assistants 2017-2018 Amna Nazir Alice Storey Editorial Board Hon. Joseph A. Greenaway Jr., Circuit Judge 3rd Circuit, U.S. Court of Appeals. Hon. Raymond J. McKoski, Circuit Judge (retired), 19th Judicial Circuit Court, IL. Adjunct Professor of Law, The John Marshall Law School, Chicago, IL. Prof. Antonio Aunion, University of Castille-la Mancha. Prof. Francine Banner, Phoenix School of Law, AZ. Prof. Devon W. Carbado, UCLA, CA. Dr. Damian Carney, University of Portsmouth, UK. Dr. Simon Cooper, Reader in Property Law, Oxford Brookes University. Prof. -
Mail Fraud State Law and Post-Lopez Analysis George D
Cornell Law Review Volume 82 Article 1 Issue 2 January 1997 Should Federalism Shield Corruption?-Mail Fraud State Law and Post-Lopez Analysis George D. Brown Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation George D. Brown, Should Federalism Shield Corruption?-Mail Fraud State Law and Post-Lopez Analysis , 82 Cornell L. Rev. 225 (1997) Available at: http://scholarship.law.cornell.edu/clr/vol82/iss2/1 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. SHOULD FEDERALISM SHIELD CORRUPTION?- MAIL FRAUD, STATE LAW AND POST-LOPEZ ANALYSIS George D. Brownt I. INTRODUCTION-PROTECTION THROUGH PROSECUTION? There is a view of state and local governments as ethically-chal- lenged backwaters,' veritable swamps of corruption in need of the ulti- mate federal tutelage: protection through prosecution. Whether or not the view is accurate, the prosecutions abound.2 Many metropoli- tan newspapers have chronicled the federal pursuit of errant state and local officials.3 The pursuit is certain to continue. In the post-Water- gate period, the Justice Department has made political corruption at all levels of government a top priority.4 A vigorous federal presence in t Professor of Law and Associate Dean, Boston College Law School. A.B. 1961, Harvard University, LL.B. 1965, Harvard Law School. Chairman, Massachusetts State Eth- ics Commission. -
Chapter 5 the Americans.Pdf
Washington (on the far right) addressing the Constitutional Congress 1785 New York state outlaws slavery. 1784 Russians found 1785 The Treaty 1781 The Articles of 1783 The Treaty of colony in Alaska. of Hopewell Confederation, which Paris at the end of concerning John Dickinson helped the Revolutionary War 1784 Spain closes the Native American write five years earli- recognizes United Mississippi River to lands er, go into effect. States independence. American commerce. is signed. USA 1782 1784 WORLD 1782 1784 1781 Joseph II 1782 Rama I 1783 Russia annexes 1785 Jean-Pierre allows religious founds a new the Crimean Peninsula. Blanchard and toleration in Austria. dynasty in Siam, John Jeffries with Bangkok 1783 Ludwig van cross the English as the capital. Beethoven’s first works Channel in a are published. balloon. 130 CHAPTER 5 INTERACT WITH HISTORY The year is 1787. You have recently helped your fellow patriots overthrow decades of oppressive British rule. However, it is easier to destroy an old system of government than to create a new one. In a world of kings and tyrants, your new republic struggles to find its place. How much power should the national government have? Examine the Issues • Which should have more power—the states or the national government? • How can the new nation avoid a return to tyranny? • How can the rights of all people be protected? RESEARCH LINKS CLASSZONE.COM Visit the Chapter 5 links for more information about Shaping a New Nation. 1786 Daniel Shays leads a rebellion of farmers in Massachusetts. 1786 The Annapolis Convention is held. -
1 the Story of the Faulkner Murals by Lester S. Gorelic, Ph.D. the Story Of
The Story of the Faulkner Murals By Lester S. Gorelic, Ph.D. The story of the Faulkner murals in the Rotunda begins on October 23, 1933. On this date, the chief architect of the National Archives, John Russell Pope, recommended the approval of a two- year competing United States Government contract to hire a noted American muralist, Barry Faulkner, to paint a mural for the Exhibit Hall in the planned National Archives Building.1 The recommendation initiated a three-year project that produced two murals, now viewed and admired by more than a million people annually who make the pilgrimage to the National Archives in Washington, DC, to view two of the Charters of Freedom documents they commemorate: the Declaration of Independence and the Constitution of the United States of America. The two-year contract provided $36,000 in costs plus $6,000 for incidental expenses.* The contract ended one year before the projected date for completion of the Archives Building’s construction, providing Faulkner with an additional year to complete the project. The contract’s only guidance of an artistic nature specified that “The work shall be in character with and appropriate to the particular design of this building.” Pope served as the contract supervisor. Louis Simon, the supervising architect for the Treasury Department, was brought in as the government representative. All work on the murals needed approval by both architects. Also, The United States Commission of Fine Arts served in an advisory capacity to the project and provided input critical to the final composition. The contract team had expertise in art, architecture, painting, and sculpture. -
Majority Rule and Minority Rights at the Constitutional Convention John Patrick Coby Smith College, [email protected]
Masthead Logo Smith ScholarWorks Government: Faculty Publications Government Winter 2016 The Long Road Toward a More Perfect Union: Majority Rule and Minority Rights at the Constitutional Convention John Patrick Coby Smith College, [email protected] Follow this and additional works at: https://scholarworks.smith.edu/gov_facpubs Part of the American Politics Commons Recommended Citation Coby, John Patrick, "The Long Road Toward a More Perfect Union: Majority Rule and Minority Rights at the Constitutional Convention" (2016). Government: Faculty Publications, Smith College, Northampton, MA. https://scholarworks.smith.edu/gov_facpubs/1 This Article has been accepted for inclusion in Government: Faculty Publications by an authorized administrator of Smith ScholarWorks. For more information, please contact [email protected] The Long Road toward a More Perfect Union: Majority Rule and Minority Rights at the Constitutional Convention JOHN PATRICK COBY ABSTRACT On the eve of the Constitutional Convention, James Madison developed a new theory of republicanism, one that would allow union on a scale previously thought impossible. The extended republic, buttressed by constitutional safeguards republican in nature, would, he argued, protect the rights of minorities without compromising the majority’s right to rule. But Convention delegates, unimpressed with Madison’s new theory, grav- itated toward constitutional safeguards more mixed-regime in nature and so produced a constitution incompletely republican. This article examines the three minority interests that most occupied the delegates’ attention: small states, all states, and southern states; further, it employs three criteria for determining the presence of republican or mixed- regime protections: strength of constitutional barrier, cohesion of defenders, and duration of defense. The article’s conclusion reflects on the consequences of a constitution partly republican and partly mixed-regime. -
To the General Welfare Clause
\\Server03\productn\C\CHP\4-1\CHP104.txt unknown Seq: 1 23-APR-01 10:05 Restoring the “General” to the General Welfare Clause By John C. Eastman1 Over the past decade, the Supreme Court of the United States has, in a series of important cases, reinvigorated the twin doc- trines of enumerated powers and federalism, restoring to our con- stitutional order some semblance of the founders’ original vision of a national government that was strong within the sphere of power assigned to it but limited by the extent of that sphere. Whether invalidating acts of Congress that “commandeered” state officials to do Congress’s bidding,2 trimming the sails of Congress’s powers under the Interstate Commerce Clause,3 or setting up sovereign immunity barriers to private enforcement of statutory schemes enacted by Congress,4 the Court has reasserted its role to hold 1 Associate Professor, Chapman University School of Law and Director, The Claremont Institute Center for Constitutional Jurisprudence. Ph.D., M.A., The Claremont Graduate School; J.D., The University of Chicago Law School. I wish to thank Chapman law students Chris Bonkoski, Laurie Messerly, Julie Ann Muller, and Tim Sandefur for their superb research assistance on this project, and Jeffrey Renz, who provided helpful comments. I also wish to thank the several panelists at the Chapman Law Review spending clause symposium for their helpful comments about this paper and their participation in the symposium. Finally, I wish to acknowledge the editorial staff of the Chapman Law Review, whose hard work made for an immensely successful symposium. -
COLLECTIVE ACTION FEDERALISM: a GENERAL THEORY of ARTICLE I, SECTION 8 Robert D
COLLECTIVE ACTION FEDERALISM: A GENERAL THEORY OF ARTICLE I, SECTION 8 Robert D. Cooter* & Neil S. Siegel** The Framers of the United States Constitution wrote Article I, Section 8 in order to address some daunting collective action problemsfacing the young na- tion. They especially wanted to protect the states from military warfare by fo- reigners andfrom commercial warfare against one another. The states acted in- dividually when they needed to act collectively, and Congress lacked power under the Articles of Confederation to address these problems. Section 8 thus au- thorized Congress to promote the "general Welfare" of the United States by tack- ling many collective actionproblems that the states could not solve on their own. Subsequent interpretationsof Section 8, both outside and inside the courts, often have focused on the presence or absence of collective action problems in- volving multiple states-but not always. For example, the Supreme Court of the United States, in trying to distinguish the "truly national" from the "truly local" in the context of the Commerce Clause, United States v. Morrison, 529 U.S. 598, * Herman Selvin Professor of Law, University of California at Berkeley. ** Professor of Law and Political Science, Duke University School of Law. I dedicate this Article to the loving memory of my mother, Sharon Ruth Siegel, for giving me life-and a whole lot more. For illuminating comments, we thank Jack Balkin, Sara Beale, Stuart Benjamin, Joseph Blocher, Curtis Bradley, Geoffrey Brennan, Samuel Buell, Erwin Chemerinsky, Jesse Cho- per, Eric Freedman, Philip Frickey, Barry Friedman, Jamal Greene, Daniel Greenwood, Grant Hayden, Laurence Helfer, Don Herzog, Roderick Hills, Donald Horowitz, John Inazu, Margaret Lemos, Anne Joseph O'Connell, Sanford Kadish, Richard Lazarus, Margaret Le- mos, Paul Mishkin, Julian Mortenson, Michael Munger, Richard Pildes, Eric Posner, Robert Post, H. -
FEDERALISM and INSURANCE REGULATION BASIC SOURCE MATERIALS © Copyright NAIC 1995 All Rights Reserved
FEDERALISM AND INSURANCE REGULATION BASIC SOURCE MATERIALS © Copyright NAIC 1995 All rights reserved. ISBN 0-89382-369-4 National Association of Insurance Commissioners Printed in the United States of America FEDERALISM AND INSURANCE REGULATION BASIC SOURCE MATERIALS by SPENCER L. KIMBALL Professor Emeritus of Law, University of Chicago Research Professor, University of Utah College of Law Of Counsel, Manatt, Phelps & Phillips Los Angeles and Washington, D.C. and BARBARA P. HEANEY Attorney at Law, Madison, WI Consulting Attorney on Insurance, Wisconsin Legislative Council, 1978-1994 Madison, Wisconsin Table of Contents Prefatory Note ............................................................................. ix I. Origins of Regulation .............................................................. 3 A. Special Charters .............................................................. :.3 Commentary ......................................................... 3 Chapter LXXX, LAws or COMMONWEALTH OF M~SSACH~SETTS, 1806--1809 .............................. 3 B. General Incorporation Statutes .......................................... 6 Commentary ......................................................... 6 MASSACHUSETTS ACTS AND RESOLVES 1845, Chapter 23 ........................................................ 7 C. Beginnings of Formal Insurance Regulation ....................... 7 Commentary ......................................................... 7 MASSACHUSETTS ACTS AND RESOLVES 1852, Chapter 231 ...................................................... -
Fascinating Facts About the U.S. Constitution
The U.S. Constitution & Amendments: Fascinating Facts (Continued) Fascinating Facts About The U.S. Constitution The U.S. Constitution has 4,400 words. It is the The Constitution does not set forth requirements oldest and shortest written Constitution of any major for the right to vote. As a result, at the outset of government in the world. the Union, only male property-owners could vote. ___________________ African Americans were not considered citizens, and women were excluded from the electoral process. Of the spelling errors in the Constitution, Native Americans were not given the right to vote “Pensylvania” above the signers’ names is probably until 1924. the most glaring. ___________________ ___________________ James Madison, “the father of the Constitution,” Thomas Jefferson did not sign the Constitution. was the first to arrive in Philadelphia for the He was in France during the Convention, where Constitutional Convention. He arrived in February, he served as the U.S. minister. John Adams was three months before the convention began, bearing serving as the U.S. minister to Great Britain during the blueprint for the new Constitution. the Constitutional Convention and did not attend ___________________ either. ___________________ Of the forty-two delegates who attended most of the meetings, thirty-nine actually signed the Constitution. The Constitution was “penned” by Jacob Shallus, Edmund Randolph and George Mason of Virginia A Pennsylvania General Assembly clerk, for $30 and Elbridge Gerry of Massachusetts refused to ($726 today). sign in part due to the lack of a bill of rights. ___________________ ___________________ Since 1952, the Constitution has been on display When it came time for the states to ratify the in the National Archives Building in Washington, Constitution, the lack of any bill of rights was the DC.