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Constitutionally Compromised Democracy: the United States District Clause, Its Historical Significance, and Modern Repercussions Bradley Raboin
Hastings Constitutional Law Quarterly Volume 45 Article 3 Number 4 Summer 2018 1-1-2018 Constitutionally Compromised Democracy: The United States District Clause, Its Historical Significance, and Modern Repercussions Bradley Raboin Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Bradley Raboin, Constitutionally Compromised Democracy: The United States District Clause, Its Historical Significance, and Modern Repercussions, 45 Hastings Const. L.Q. 685 (2018). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol45/iss4/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Constitutionally Compromised Democracy: The United States District Clause, Its Historical Significance, and Modern Repercussions by BRADLEY RABOIN* Introduction On September 17, 1787, the United States Constitution was submitted for approval to the Congress of the Confederation and, subsequently, for ratification by the American States.1 This constitution was a political phenomenon: For the first time in history, an entire nation would be given the power-through popular ratification-to decide what form of government would rule over them. 2 At its core, the -
The Debate Over a Federal Bill of Rights, 1787-1792, 33 Santa Clara L
Santa Clara Law Review Volume 33 | Number 4 Article 3 1-1-1993 Restoring the Grand Security: The eD bate over a Federal Bill of Rights, 1787-1792 John P. Kaminski Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation John P. Kaminski, Restoring the Grand Security: The Debate over a Federal Bill of Rights, 1787-1792, 33 Santa Clara L. Rev. 887 (1993). Available at: http://digitalcommons.law.scu.edu/lawreview/vol33/iss4/3 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. RESTORING THE GRAND SECURITY: THE DEBATE OVER A FEDERAL BILL OF RIGHTS, 1787-1792 John P. Kaminski From 1763 until 1791, Americans debated the nature of govern- ment and how best to preserve liberty.' Halfway through this de- bate, most Americans decided that their liberties could best be pre- served outside of the British Empire.2 In rebelling against the British government, Americans did not turn their backs on government in general. On the contrary, they fervently believed that government was essential in protecting the rights of individuals. This captivation with government found its way into the fundamental documents of the new states.3 The propriety, and indeed, necessity, of a bill of rights protect- ing individual freedoms and liberties was a much less clear-cut issue during this time. -
Ruling America's Colonies: the Insular Cases Juan R
YALE LAW & POLICY REVIEW Ruling America's Colonies: The Insular Cases Juan R. Torruella* INTRODUCTION .................................................................. 58 I. THE HISTORICAL BACKDROP TO THE INSULAR CASES..................................-59 11. THE INSULAR CASES ARE DECIDED ......................................... 65 III. LIFE AFTER THE INSULAR CASES.......................... .................. 74 A. Colonialism 1o ......................................................... 74 B. The Grinding Stone Keeps Grinding........... ....... ......................... 74 C. The Jones Act of 1917, U.S. Citizenship, and President Taft ................. 75 D. The Jones Act of 1917, U.S. Citizenship, and ChiefJustice Taft ............ 77 E. Local Self-Government v. Colonial Status...........................79 IV. WHY THE UNITED STATES-PUERTO Rico RELATIONSHIP IS COLONIAL...... 81 A. The PoliticalManifestations of Puerto Rico's Colonial Relationship.......82 B. The Economic Manifestationsof Puerto Rico's ColonialRelationship.....82 C. The Cultural Manifestationsof Puerto Rico's Colonial Relationship.......89 V. THE COLONIAL STATUS OF PUERTO Rico Is UNAUTHORIZED BY THE CONSTITUTION AND CONTRAVENES THE LAW OF THE LAND AS MANIFESTED IN BINDING TREATIES ENTERED INTO BY THE UNITED STATES ............................................................. 92 CONCLUSION .................................................................... 94 * Judge, United States Court of Appeals for the First Circuit. The substance of this Article was presented in -
The Report: Killer Heat in the United States
Killer Heat in the United States Climate Choices and the Future of Dangerously Hot Days Killer Heat in the United States Climate Choices and the Future of Dangerously Hot Days Kristina Dahl Erika Spanger-Siegfried Rachel Licker Astrid Caldas John Abatzoglou Nicholas Mailloux Rachel Cleetus Shana Udvardy Juan Declet-Barreto Pamela Worth July 2019 © 2019 Union of Concerned Scientists The Union of Concerned Scientists puts rigorous, independent All Rights Reserved science to work to solve our planet’s most pressing problems. Joining with people across the country, we combine technical analysis and effective advocacy to create innovative, practical Authors solutions for a healthy, safe, and sustainable future. Kristina Dahl is a senior climate scientist in the Climate and Energy Program at the Union of Concerned Scientists. More information about UCS is available on the UCS website: www.ucsusa.org Erika Spanger-Siegfried is the lead climate analyst in the program. This report is available online (in PDF format) at www.ucsusa.org /killer-heat. Rachel Licker is a senior climate scientist in the program. Cover photo: AP Photo/Ross D. Franklin Astrid Caldas is a senior climate scientist in the program. In Phoenix on July 5, 2018, temperatures surpassed 112°F. Days with extreme heat have become more frequent in the United States John Abatzoglou is an associate professor in the Department and are on the rise. of Geography at the University of Idaho. Printed on recycled paper. Nicholas Mailloux is a former climate research and engagement specialist in the Climate and Energy Program at UCS. Rachel Cleetus is the lead economist and policy director in the program. -
U.S. House of Representatives Hearing Regarding the Admission
TABLE OF CONTENTS House of Representatives Uashington, D. C. Subcommittee on Territorial February 23, 1960 and Insular Affairs of the Committee on Interior and Insular Affairs. PAGE Statement of Honorable Daniel K. Inouye, a Representative in Congress from the State of Hawaii............. ... ............ ....... ...... 4 Statement of J. Monroe Sullivan, Vice President, Pacific American Steamship Association. ......... 10 Statement of Honorable Hiram L. Fong, a United States Senator from the State of Hawaii ....... 17 Statement of Honorable Oren L. Long, a United States Senator from the State of Hawaii.......... 19 Statement of Wilbur K. Watkins, Jr., a Deputy Attorney General of the State of Hawaii ........ 22 Statement of Harold Seidman, Assistant Chief, Office of Management and Organization, Bureau of the Budget (Accompanied by HoWard Schnoor, Management Analyst, Bureau of the Budget, and Mrs. Ruth Van Cleve, Act'ng Assistant Solicitor, Department of the Interior..................... 25 Statement of John F. Donelan, Kahulul Railroad Company, Maui, Hawaii. .............. ......... 67 ,....2~ C i. .E~*L'. ' C" 'i TI'Cyll.-(~ * - . * J~h~i ~rr?~ '---- ~7ur~w--' ley- 1 ttle H. R. 10434, H. R. 10443, E. R. 10456, H. R. 10463, and H. R. 10475 TUESDAY, FEBRUARY 23, 1960 House of Represontatives, Subcommittee on Terri.orial and Insular Affairs of the Committee on Xnterior and :'Pular Affairs, Washington, D. C. The subcommittee met, pursuant to call, at 9:48 a. m., in the committee room, New House Office Building, Honorable Leo W. O'Brien, chairman of the subcommittee, presiding. Mr. O'Brien, The Subcommittee on Territorial and In- sular Affairs will be in order for hearing on the several bills to amend certain laws of the United States providing for admission of the State of Hawaii into the Union and for other purposes. -
Recent Unusual Mean Winter Temperatures Across the Contiguous United States
Recent Unusual Mean Winter Thomas R. Karl1, Robert E. Livezey2 Temperatures Across the Contiguous United States Abstract United States, even in an unusually cold (or warm) winter, can include a month of relatively mild (or cold) weather or A long-time series (1895-1984) of mean areally averaged winter contain small portions of the country that have relatively temperatures in the contiguous United States depicts an unprece- mild (or cold) weather throughout the winter. dented spell of abnormal winters beginning with the winter of 1975-76. Three winters during the eight-year period, 1975-76 through 1982-83, are defined as much warmer than normal (abnor- mal), and the three consecutive winters, 1976-77 through 1978-79, 2. Data much colder than normal (abnormal). Abnormal is defined here by the least abnormal of these six winters based on their normalized departures from the mean. When combined, these two abnormal The data set used to obtain areally weighted average winter categories have an expected frequency close to 21%. Assuming that temperature departures was originally used and described by the past 89 winters (1895-1984) are a large enough sample to esti- Diaz and Quayle (1978). The data, which begin in 1931, con- mate the true interannual temperature variability between winters, sist of monthly averages of temperatures for each of 344 state we find, using Monte Carlo simulations, that the return period of a series of six winters out of eight being either much above or much climatic divisions (CDs) in the contiguous United States, below normal is more than 1000 years. -
Admission of Nebraska Into the Union
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Transactions and Reports, Nebraska State Historical Society Nebraska State Historical Society 1885 Admission of Nebraska into the Union Charles Gere Follow this and additional works at: https://digitalcommons.unl.edu/nebhisttrans Part of the History Commons Gere, Charles, "Admission of Nebraska into the Union" (1885). Transactions and Reports, Nebraska State Historical Society. 26. https://digitalcommons.unl.edu/nebhisttrans/26 This Article is brought to you for free and open access by the Nebraska State Historical Society at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Transactions and Reports, Nebraska State Historical Society by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. 162 NEBRASKA STATE HISTORICAL SOCIETY. ADMISSION OF NEBRASKA INTO THE UNION. ADDRESS OF HON. CHARLES H. GERE, January, 1880. To discuss the events of'1866 and 1867 at this time has seemed to me presumptuous. Barely a dozen years have elapsed since Nebraska turned the sharp corner from territorial dependency to state sov ereignty, apd, as in all sharp historical turns, there was a blaze of ex citement, a bitter political contest, accompanied by more than the usual amount of bumptiousness and belligerency, of heart-burnings and jealousy, over which fourteen years may have deposited a thin layer of forgetfulness, through which a foolhardy explorer might break, to the discomfiture of himself and the revival of volcanic mem ories. But, pressed by your esteemed President for a paper upon the admission of Nebraska to the Union, and unable, from present expe rience and observation, to go back farther than that period, I have .consented to take up this subject, and trust that I may handle it with sufficient discretion to obtain your pardon for. -
U.S. Fish and Wildlife Service Will Review Status of Canada Lynx to Prepare for Recovery Planning
R For Immediate Release January 13, 2015 U.S. Fish and Wildlife Service will review status of Canada lynx to prepare for recovery planning Contacts: Maine: Meagan Racey, 413-253-8558; [email protected] Mark Latti (MDIFW), 207-287-5216; [email protected] National: Jim Zelenak, 406-449-5225, ext. 220; [email protected] Ryan Moehring, 303-236-0345; [email protected] BANGOR, Maine. – The U.S. Fish and Wildlife Service (Service) announced today that the agency will review the status of the Canada lynx (Lynx canadensis), which is listed as threatened under the federal Endangered Species Act as a contiguous United States distinct population segment (DPS). The five-year status review will clarify the extent, magnitude, and nature of the threats to the lynx DPS so that recovery planning may target those specific threats. "The status review will help us evaluate how well the Service and our partners have addressed the primary threat to Canada lynx, which, when the species was listed, was the lack of regulatory mechanisms to protect the lynx and its habitats," said Laury Zicari, supervisor of the Service’s Maine Field Office. "In northern Maine, a core area for lynx in the U.S., forest management planning on non-federal lands will continue to be key to maintaining favorable conditions for lynx and snowshoe hares." Lynx are highly specialized predators that are dependent on snowshoe hares as a food source. The North American distribution of the lynx overlaps much of the range of the snowshoe hare, and both are strongly associated with boreal forests. -
Washington, DC Admission
January 4, 2021 CONGRESSIONAL RECORD — Extensions of Remarks E1 EXTENSIONS OF REMARKS INTRODUCTION OF THE in the Senate. In addition, then-President and all 37 new states have been admitted by WASHINGTON, D.C. ADMISSION ACT Barack Obama endorsed D.C. statehood in a an act of Congress. The Constitution’s District public forum before the statehood hearing was Clause sets a maximum size of the federal HON. ELEANOR HOLMES NORTON held. In the 115th Congress, not only was district (100 square miles). It does not set a OF THE DISTRICT OF COLUMBIA there a record number of original cosponsors minimum size. Congress previously has IN THE HOUSE OF REPRESENTATIVES of the bill, with 116 in the House and 18 in the changed the size of the federal district, includ- Senate, but also a record number of cospon- ing reducing it by 30 percent in 1846. Monday, January 4, 2021 sors in the House (181) and Senate (30). I seek statehood for the Americans I am Ms. NORTON. Madam Speaker, I rise today The 116th Congress, however, represented honored to represent. At the same time, D.C. to introduce the Washington, D.C. Admission a turning point in the march to D.C. statehood. statehood is deeply personal for me. My great- Act with 202 cosponsors, a record number of For the first time in American history, a Cham- grandfather Richard Holmes, who escaped as original cosponsors of the District of Columbia ber of Congress voted to make Washington, a slave from a Virginia plantation, made it as statehood bill. -
Judicial Usurpation and the Constitution: Historical and Contemporary Issues Robert P
No. 871 Delivered February 17, 2005 April 11, 2005 Judicial Usurpation and the Constitution: Historical and Contemporary Issues Robert P. George Judicial power can be used, and has been used, for both good and ill. However, in a basically just demo- Talking Points cratic republic, judicial power should never be exer- • Decisions in which the courts usurp the cised lawlessly—even for desirable ends. Judges are authority of the people are not merely incor- not legislators. The legitimacy of their decisions, par- rect; they are themselves unconstitutional. ticularly those decisions that displace legislative judg- ments, depends entirely on the truth of the judicial • Until now, a social consensus regarding the basic definition of marriage meant that claim that the court was authorized by law to settle we did not need to resolve the question at the matter. When this claim is false, a judicial edict is the federal level. not redeemed by its good consequences, for any such edict constitutes a usurpation of the just authority of • The judicial redefinition of marriage is a crime with two victims. The first and obvi- the people to govern themselves through the consti- ous victim is the institution of marriage tutional procedures of deliberative democracy. Deci- itself, and the second is the system of delib- sions in which the courts usurp the authority of the erative democracy. However, there will people are not merely incorrect; they are themselves likely be a third victim—namely, federalism. unconstitutional. And they are unjust. • If we do not have a federal marriage The First Test amendment, then marriage will erode quickly by judicial imposition or by the There were, and are, scholars and statesmen who gradual integration into the formal and believe that courts should not be granted the power informal institutions of society of same-sex to invalidate legislation in the name of the Constitu- couples. -
Political Status of Puerto Rico: Options for Congress
Political Status of Puerto Rico: Options for Congress R. Sam Garrett Specialist in American National Government June 7, 2011 Congressional Research Service 7-5700 www.crs.gov RL32933 CRS Report for Congress Prepared for Members and Committees of Congress Political Status of Puerto Rico: Options for Congress Summary The United States acquired the islands of Puerto Rico in 1898 after the Spanish-American War. In 1950, Congress enacted legislation (P.L. 81-600) authorizing Puerto Rico to hold a constitutional convention and in 1952, the people of Puerto Rico ratified a constitution establishing a republican form of government for the island. After being approved by Congress and the President in July 1952 and thus given force under federal law (P.L. 82-447), the new constitution went into effect on July 25, 1952. Puerto Rico is subject to congressional jurisdiction under the Territorial Clause of the U.S. Constitution. Over the past century, Congress passed legislation governing Puerto Rico’s relationship with the United States. For example, residents of Puerto Rico hold U.S. citizenship, serve in the military, are subject to federal laws, and are represented in the House of Representatives by a Resident Commissioner elected to a four-year term. Although residents participate in the presidential nominating process, they do not vote in the general election. Puerto Ricans pay federal tax on income derived from sources in the mainland United States, but they pay no federal tax on income earned in Puerto Rico. The Resident Commissioner may vote in committees but is not permitted to vote in, or preside over, either the Committee of the Whole or th the House in the 112 Congress. -
HR 51: MAKING DC the 51St STATE HEARING
H.R. 51: MAKING D.C. THE 51st STATE HEARING BEFORE THE COMMITTEE ON OVERSIGHT AND REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED SEVENTEENTH CONGRESS FIRST SESSION MARCH 22, 2021 Serial No. 117–10 Printed for the use of the Committee on Oversight and Reform ( Available on: govinfo.gov, oversight.house.gov or docs.house.gov U.S. GOVERNMENT PUBLISHING OFFICE 43–960 PDF WASHINGTON : 2021 COMMITTEE ON OVERSIGHT AND REFORM CAROLYN B. MALONEY, New York, Chairwoman ELEANOR HOLMES NORTON, District of JAMES COMER, Kentucky, Ranking Minority Columbia Member STEPHEN F. LYNCH, Massachusetts JIM JORDAN, Ohio JIM COOPER, Tennessee PAUL A. GOSAR, Arizona GERALD E. CONNOLLY, Virginia VIRGINIA FOXX, North Carolina RAJA KRISHNAMOORTHI, Illinois JODY B. HICE, Georgia JAMIE RASKIN, Maryland GLENN GROTHMAN, Wisconsin RO KHANNA, California MICHAEL CLOUD, Texas KWEISI MFUME, Maryland BOB GIBBS, Ohio ALEXANDRIA OCASIO-CORTEZ, New York CLAY HIGGINS, Louisiana RASHIDA TLAIB, Michigan RALPH NORMAN, South Carolina KATIE PORTER, California PETE SESSIONS, Texas CORI BUSH, Missouri FRED KELLER, Pennsylvania DANNY K. DAVIS, Illinois ANDY BIGGS, Arizona DEBBIE WASSERMAN SCHULTZ, Florida ANDREW CLYDE, Georgia PETER WELCH, Vermont NANCY MACE, South Carolina HENRY C. ‘‘HANK’’ JOHNSON, JR., Georgia SCOTT FRANKLIN, Florida JOHN P. SARBANES, Maryland JAKE LATURNER, Kansas JACKIE SPEIER, California PAT FALLON, Texas ROBIN L. KELLY, Illinois YVETTE HERRELL, New Mexico BRENDA L. LAWRENCE, Michigan BYRON DONALDS, Florida MARK DESAULNIER, California JIMMY GOMEZ, California AYANNA PRESSLEY, Massachusetts VACANCY DAVID RAPALLO, Staff Director MARK STEPHENSON, Director of Legislation ELISA LANIER, Chief Clerk CONTACT NUMBER: 202-225-5051 MARK MARIN, Minority Staff Director (II) CONTENTS Page Hearing held on March 22, 2021 ...........................................................................