Congress's Power Over Appropriations: Constitutional And
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This Constitution: a Bicentennial Chronicle, Nos. 14-18
DOCUMENT RESUME ED 300 290 SO 019 380 AUTHOR Mann, Shelia, Ed. TITLE This Constitution: A Bicentennial Chronicle, Nos. 14-18. INSTITUTION American Historical Association, Washington, D.C.; American Political Science Association, Washington, D.C.; Project '87, Washington, DC. SPONS AGENCY National Endowment for the Humanities (NFAH), Washington, D.C. PUB DATE 87 NOTE 321p.; For related document, see ED 282 814. Some photographs may not reproduce clearly. AVAILABLE FROMProject '87, 1527 New Hampshire Ave., N.W., Washington, DC 20036 nos. 13-17 $4.00 each, no. 18 $6.00). PUB TYPE Collected Works - Serials (022) -- Historical Materials (060) -- Guides - Classroom Use - Guides (For Teachers) (052) JOURNAL CIT This Constitution; n14-17 Spr Sum Win Fall 1987 n18 Spr-Sum 1988 EDRS PRICE MFO1 Plus Postage. PC Not Available from EDRS. DESCRIPTORS Class Activities; *Constitutional History; *Constitutional Law; History Instruction; Instructioral Materials; Lesson Plans; Primary Sources; Resource Materials; Secondary Education; Social Studies; United States Government (Course); *United States History IDENTIFIERS *Bicentennial; *United States Constitution ABSTRACT Each issue in this bicentennial series features articles on selected U.S. Constitution topics, along with a section on primary documents and lesson plans or class activities. Issue 14 features: (1) "The Political Economy of tne Constitution" (K. Dolbeare; L. Medcalf); (2) "ANew Historical Whooper': Creating the Art of the Constitutional Sesquicentennial" (K. Marling); (3) "The Founding Fathers and the Right to Bear Arms: To Keep the People Duly Armed" (R. Shalhope); and (4)"The Founding Fathers and the Right to Bear Arms: A Well-Regulated Militia" (L. Cress). Selected articles from issue 15 include: (1) "The Origins of the Constitution" (G. -
Symbolism of Commander Isaac Hull's
Presentation Pieces in the Collection of the USS Constitution Museum Silver Urn Presented to Captain Isaac Hull, 1813 Prepared by Caitlin Anderson, 2010 © USS Constitution Museum 2010 What is it? [Silver urn presented to Capt. Isaac Hull. Thomas Fletcher & Sidney Gardiner. Philadelphia, 1813. Private Collection.](1787–1827) Silver; h. 29 1/2 When is it from? © USS Constitution Museum 2010 1813 Physical Characteristics: The urn (known as a vase when it was made)1 is 29.5 inches high, 22 inches wide, and 12 inches deep. It is made entirely of sterling silver. The workmanship exhibits a variety of techniques, including cast, applied, incised, chased, repoussé (hammered from behind), embossed, and engraved decorations.2 Its overall form is that of a Greek ceremonial urn, and it is decorated with various classical motifs, an engraved scene of the battle between the USS Constitution and the HMS Guerriere, and an inscription reading: The Citizens of Philadelphia, at a meeting convened on the 5th of Septr. 1812, voted/ this Urn, to be presented in their name to CAPTAIN ISAAC HULL, Commander of the/ United States Frigate Constitution, as a testimonial of their sense of his distinguished/ gallantry and conduct, in bringing to action, and subduing the British Frigate Guerriere,/ on the 19th day of August 1812, and of the eminent service he has rendered to his/ Country, by achieving, in the first naval conflict of the war, a most signal and decisive/ victory, over a foe that had till then challenged an unrivalled superiority on the/ ocean, and thus establishing the claim of our Navy to the affection and confidence/ of the Nation/ Engraved by W. -
1 Overview of USS Constitution Re-Builds & Restorations USS
Overview of USS Constitution Re-builds & Restorations USS Constitution has undergone numerous “re-builds”, “re-fits”, “over hauls”, or “restorations” throughout her more than 218-year career. As early as 1801, she received repairs after her first sortie to the Caribbean during the Quasi-War with France. In 1803, six years after her launch, she was hove-down in Boston at May’s Wharf to have her underwater copper sheathing replaced prior to sailing to the Mediterranean as Commodore Edward Preble’s flagship in the Barbary War. In 1819, Isaac Hull, who had served aboard USS Constitution as a young lieutenant during the Quasi-War and then as her first War of 1812 captain, wrote to Stephen Decatur: “…[Constitution had received] a thorough repair…about eight years after she was built – every beam in her was new, and all the ceilings under the orlops were found rotten, and her plank outside from the water’s edge to the Gunwale were taken off and new put on.”1 Storms, battle, and accidents all contributed to the general deterioration of the ship, alongside the natural decay of her wooden structure, hemp rigging, and flax sails. The damage that she received after her War of 1812 battles with HMS Guerriere and HMS Java, to her masts and yards, rigging and sails, and her hull was repaired in the Charlestown Navy Yard. Details of the repair work can be found in RG 217, “4th Auditor’s Settled Accounts, National Archives”. Constitution’s overhaul of 1820-1821, just prior to her return to the Mediterranean, saw the Charlestown Navy Yard carpenters digging shot out of her hull, remnants left over from her dramatic 1815 battle against HMS Cyane and HMS Levant. -
Interactive Reader and Study Guide
Interactive Reader and Study Guide HOLT Social Studies United States History Beginnings to 1877 Copyright © by Holt, Rinehart and Winston. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any informa- tion storage and retrieval system, without permission in writing from the publisher. Teachers using HOLT SOCIAL STUDIES: UNITED STATES HISTORY may photocopy com- plete pages in sufficient quantities for classroom use only and not for resale. HOLT and the “Owl Design” are registered trademarks licensed to Holt, Rinehart and Winston, registered in the United States of America and/or other jurisdictions. Printed in the United States of America ISBN 0-03-042643-X 1 2 3 4 5 6 7 082 08 07 06 05 Contents Chapter 1 The World before the Opening Chapter 8 The Jefferson Era of the Atlantic Chapter Opener with Graphic Organizer . 66 Chapter Opener with Graphic Organizer . 1 Sec 8.1 . 67 Sec 1.1 . 2 Sec 8.2 . 69 Sec 1.2 . 4 Sec 8.3 . 71 Sec 1.3 . 6 Sec 8.4 . 73 Sec 1.4 . 8 Chapter 9 A New National Identity Chapter 2 New Empires in the Americas Chapter Opener with Graphic Organizer . 75 Chapter Opener with Graphic Organizer . 10 Sec 9.1 . 76 Sec 2.1 . 11 Sec 9.2 . 78 Sec 2.2 . 13 Sec 9.3 . 80 Sec 2.3 . 15 Chapter 10 The Age of Jackson Sec 2.4 . 17 Chapter Opener with Graphic Organizer . 82 Sec 2.5 . -
2012 Annual Report of the National Endowment for the Humanities
EXPLORING THE HUMAN ENDEAVOR NATIONAL ENDOWMENT FOR THE HUMANITIES 2ANNU0AL1 REP2ORT CHAIRMAN’S LETTER August 2013 Dear Mr. President, It is my privilege to present the 2012 Annual Report of the National Endowment for the Humanities. For forty-seven years, NEH has striven to support excellence in humanities research, education, preservation, access to humanities collections, long-term planning for educational and cultural institutions, and humanities programming for the public. NEH’s 1965 founding legislation states that “democracy demands wisdom and vision in its citizens.” Understanding our nation’s past as well as the histories and cultures of other peoples across the globe is crucial to understanding ourselves and how we fit in the world. On September 17, 2012, U.S. Representative John Lewis spoke on the steps of the Lincoln Memorial about freedom and America’s civil rights struggle, to mark the 150th anniversary of Abraham Lincoln’s preliminary Emancipation Proclamation. He was joined on stage by actors Alfre Woodward and Tyree Young, and Howard University’s Afro Blue jazz vocal ensemble. The program was the culmination of NEH’s “Celebrating Freedom,” a day that brought together five leading Civil War scholars and several hundred college and high school students for a discussion of events leading up to the Proclamation. The program was produced in partnership with Howard University and was live-streamed from the Smithsonian’s National Museum of American History to more than one hundred “watch parties” of viewers around the nation. Also in 2012, NEH initiated the Muslim Journeys Bookshelf—a collection of twenty-five books, three documentary films, and additional resources to help American citizens better understand the people, places, history, varieties of faith, and cultures of Muslims in the United States and around the world. -
The Senate in Transition Or How I Learned to Stop Worrying and Love the Nuclear Option1
\\jciprod01\productn\N\NYL\19-4\NYL402.txt unknown Seq: 1 3-JAN-17 6:55 THE SENATE IN TRANSITION OR HOW I LEARNED TO STOP WORRYING AND LOVE THE NUCLEAR OPTION1 William G. Dauster* The right of United States Senators to debate without limit—and thus to filibuster—has characterized much of the Senate’s history. The Reid Pre- cedent, Majority Leader Harry Reid’s November 21, 2013, change to a sim- ple majority to confirm nominations—sometimes called the “nuclear option”—dramatically altered that right. This article considers the Senate’s right to debate, Senators’ increasing abuse of the filibuster, how Senator Reid executed his change, and possible expansions of the Reid Precedent. INTRODUCTION .............................................. 632 R I. THE NATURE OF THE SENATE ........................ 633 R II. THE FOUNDERS’ SENATE ............................. 637 R III. THE CLOTURE RULE ................................. 639 R IV. FILIBUSTER ABUSE .................................. 641 R V. THE REID PRECEDENT ............................... 645 R VI. CHANGING PROCEDURE THROUGH PRECEDENT ......... 649 R VII. THE CONSTITUTIONAL OPTION ........................ 656 R VIII. POSSIBLE REACTIONS TO THE REID PRECEDENT ........ 658 R A. Republican Reaction ............................ 659 R B. Legislation ...................................... 661 R C. Supreme Court Nominations ..................... 670 R D. Discharging Committees of Nominations ......... 672 R E. Overruling Home-State Senators ................. 674 R F. Overruling the Minority Leader .................. 677 R G. Time To Debate ................................ 680 R CONCLUSION................................................ 680 R * Former Deputy Chief of Staff for Policy for U.S. Senate Democratic Leader Harry Reid. The author has worked on U.S. Senate and White House staffs since 1986, including as Staff Director or Deputy Staff Director for the Committees on the Budget, Labor and Human Resources, and Finance. -
The Federal Constitution and Massachusetts Ratification : A
, 11l""t,... \e ,--.· ', Ir \" ,:> � c.'�. ,., Go'.l[f"r•r•r-,,y 'i!i • h,. I. ,...,,"'P�r"'T'" ""J> \S'o ·� � C ..., ,' l v'I THE FEDERAL CONSTlTUTlON \\j\'\ .. '-1',. ANV /JASSACHUSETTS RATlFlCATlON \\r,-,\\5v -------------------------------------- . > .i . JUN 9 � 1988 V) \'\..J•, ''"'•• . ,-· �. J ,,.._..)i.�v\,\ ·::- (;J)''J -�·. '-,;I\ . � '" - V'-'� -- - V) A TEACHING KIT PREPAREV BY � -r THE COIJMOMVEALTH M,(SEUM ANV THE /JASSACHUSETTS ARCHIVES AT COLUM.BIA POINf ]') � ' I � Re6outee Matetial6 6ot Edueatot6 and {I · -f\ 066ieial& 6ot the Bieentennial 06 the v-1 U.S. Con&titution, with an empha6i& on Ma&&aehu&ett6 Rati6ieation, eontaining: -- *Ma66aehu6ett& Timeline *Atehival Voeument6 on Ma&&aehu&ett& Rati6ieation Convention 1. Govetnot Haneoek'6 Me&6age. �����4Y:t4���� 2. Genetal Coutt Re6olve& te C.U-- · .....1. *. Choo6ing Velegate& 6ot I\) Rati6ieation Convention. 0- 0) 3. Town6 &end Velegate Name&. 0) C 4. Li6t 06 Velegate& by County. CJ) 0 CJ> c.u-- l> S. Haneoek Eleeted Pte6ident. --..J s:: 6. Lettet 6tom Elbtidge Getty. � _:r 7. Chatge6 06 Velegate Btibety. --..J C/)::0 . ' & & • o- 8 Hane oe k Pt op o 6e d Amen dme nt CX) - -j � 9. Final Vote on Con&titution --- and Ptopo6ed Amenwnent6. Published by the --..J-=--- * *Clue6 to Loeal Hi&toty Officeof the Massachusetts Secretary of State *Teaehing Matetial6 Michaelj, Connolly, Secretary 9/17/87 < COMMONWEALTH OF MASSACHUSETTS !f1Rl!j OFFICE OF THE SECRETARY OF STATE CONSTITUTtON Michael J. Connolly, Secretary The Commonwealth Museum and the Massachusetts Columbia Point RATIFICATION OF THE U.S. CONSTITUTION MASSACHUSETTS TIME LINE 1778 Constitution establishing the "State of �assachusetts Bay" is overwhelmingly rejected by the voters, in part because it lacks a bill of rights. -
Commonwealth of Pennsylvania Tuesday
COMMONWEALTH OF PENNSYLVANIA TUESDAY, NOVEMBER 13, 2007 SESSION OF 2007 191 ST OF THE GENERAL ASSEMBLY No. 84 SENATE The PRESIDENT. The Chair thanks Father Hahn, who is the guest today of Senator Brubaker. TUESDAY, November 13,2007 PLEDGE OF ALLEGIANCE The Senate met at 1 p.m., Eastern Standard Time. (The Pledge of Allegiance was recited by those assembled.) The PRESIDENT (Lieutenant Governor Catherine Baker Knoll) in the Chair. COMMUNICATIONS FROM THE GOVERNOR PRAYER NOMINATIONS REFERRED TO COMMITTEE The Chaplain, Reverend PETER 1. HAHN, of St. Peter's Cath The PRESIDENT laid before the Senate the following com olic Church, Columbia, offered the following prayer: munications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows and referred to the Let us bow our heads in prayer. Committee on Rules and Executive Nominations: Dear God, our infinitely loving Father, the psalmist proclaims MEMBER OF THE STATE BOARD that Your law is perfect and that it refreshes the soul. We are OF FUNERAL DIRECTORS assembled this day and every day in the light of Your eternal wisdom and truth, from which that law flows. October 30,2007 Bless these men and women, the Members of the Senate of the To the Honorable, the Senate Commonwealth of Pennsylvania, our brothers and sisters whom of the Commonwealth of Pennsylvania: You have chosen to serve. Give them courage and insight. Give them the grace to always act in Your love, to deliberate with In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Anthony Scarantino, (Public Mem civility and respect, always remembering that each is a brother ber), 1213 Zorba Drive, Apartment 6, White Hall 18052, Lehigh and sister in the Lord, a child of God of inestimable value. -
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. -
Deruglatory Riders Redux
Michigan Journal of Environmental & Administrative Law Volume 1 Issue 1 2012 Deruglatory Riders Redux Thomas O, McGarity University of Texas School of Law Follow this and additional works at: https://repository.law.umich.edu/mjeal Part of the Law and Politics Commons, and the Legislation Commons Recommended Citation Thomas O. McGarity, Deruglatory Riders Redux, 1 MICH. J. ENVTL. & ADMIN. L. 33 (2012). Available at: https://repository.law.umich.edu/mjeal/vol1/iss1/2 This Article is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of Environmental & Administrative Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. DEREGULATORY RIDERS REDUX Thomas 0. McGarity* Soon after the 2010 elections placed the Republican Party in control of the House of Representatives, the House took up a number of deregulatory bills. Rec- ognizing that deregulatory legislation had little chance of passing the Senate, which remained under the control of the Democratic Party, or of being signed by President Obama, the House leadership reprised a strategy adopted by the Re- publican leaders during the 104th Congress in the 1990s. The deregulatory provisions were attached as riders to much-needed legislation in an attempt to force the Senate and the President to accept the deregulatory riders to avoid the adverse consequences offailing to pass the more important bills. This Article examines the deregulatory riders of the 104th Congress and the experience to date with deregulatory riders during the 112th Congress. -
Withdrawing from Congressional- Executive Agreements with the Advice and Consent of Congress
WITHDRAWING FROM CONGRESSIONAL- EXECUTIVE AGREEMENTS WITH THE ADVICE AND CONSENT OF CONGRESS Abigail L. Sia* As President Donald J. Trump withdrew the United States from one international agreement after another, many began to question whether these withdrawals required congressional approval. The answer may depend on the type of agreement. Based on history and custom, it appears that the president may unilaterally withdraw from agreements concluded pursuant to the treaty process outlined in the U.S. Constitution. However, the United States also has a long history of concluding international agreements as congressional-executive agreements, which use a different approval process that does not appear in the Constitution. But while academics have spilled ink on Article II treaties for decades, the congressional-executive agreement has received relatively little attention. It is neither clear nor well settled whether the president has the constitutional authority to withdraw unilaterally from this type of agreement. This Note proposes applying Justice Robert H. Jackson’s tripartite framework, first articulated in a concurring opinion to Youngstown Sheet & Tube Co. v. Sawyer (Steel Seizure), to determine whether or not a president may constitutionally withdraw from a congressional-executive agreement without Congress’s consent. However, in certain dire emergency situations or when Congress is physically unable to convene and vote, the president should be permitted to eschew the framework and withdraw the United States from a congressional-executive agreement without waiting for Congress’s consent—so long as the president reasonably believes that withdrawal is in the country’s best interest. To support this approach, this Note also calls for a new reporting statute, similar in structure to the War Powers Resolution, to address the significant information asymmetries between the executive and legislative branches.