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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. -
12-1281 Brief for Respondent, Noel Canning
No. 12-1281 IN THE Supreme Court of the United States NATIONAL LABOR RELATIONS BOARD, Petitioner, v. NOEL CANNING, A DIVISION OF THE NOEL CORP., Respondent. On Writ Of Certiorari To The United States Court Of Appeals For The District Of Columbia BRIEF OF RESPONDENT NOEL CANNING GARY E. LOFLAND NOEL J. FRANCISCO HALVERSON NORTHWEST Counsel of Record LAW GROUP G. ROGER KING 405 E. Lincoln Ave. JAMES M. BURNHAM Yakima, WA JONES DAY (509) 452-2828 51 Louisiana Ave., N.W. Washington, D.C. 20001 LILY FU CLAFFEE [email protected] RACHEL L. BRAND (202) 879-3939 STEVEN P. LEHOTSKY NATIONAL CHAMBER LITIGATION CENTER, INC. 1615 H Street, N.W. Washington, D.C. 20062 (202) 463-5337 Counsel for Respondent QUESTIONS PRESENTED The President purported to make three “recess” appointments to fill preexisting vacancies on the National Labor Relations Board on January 4, 2012, the day after the Senate convened to commence the Second Session of the 112th Congress, and two days before the Senate convened in another Senate session. The questions presented are therefore: 1. Whether the President’s recess-appointment power may be exercised during a break that occurs during the Senate’s Session, or is instead limited to “the Recess of the Senate” that occurs between each enumerated Session. 2. Whether the President’s recess-appointment power may be exercised to fill vacancies that exist during a recess, or is instead limited to vacancies that first arise during that recess. 3. Whether the President’s recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions. -
The Meaning of the Federalist Papers
English-Language Arts: Operational Lesson Title: The Meaning of the Federalist Papers Enduring Understanding: Equality is necessary for democracy to thrive. Essential Question: How did the constitutional system described in The Federalist Papers contribute to our national ideas about equality? Lesson Overview This two-part lesson explores the Federalist Papers. First, students engage in a discussion about how they get information about current issues. Next, they read a short history of the Federalist Papers and work in small groups to closely examine the text. Then, student pairs analyze primary source manuscripts concerning the Federalist Papers and relate these documents to what they have already learned. In an optional interactive activity, students now work in small groups to research a Federalist or Anti-Federalist and role-play this person in a classroom debate on the adoption of the Constitution. Extended writing and primary source activities follow that allow students to use their understanding of the history and significance of the Federalist Papers. Lesson Objectives Students will be able to: • Explain arguments for the necessity of a Constitution and a bill of rights. • Define democracy and republic and explain James Madison’s use of these terms. • Describe the political philosophy underpinning the Constitution as specified in the Federalist Papers using primary source examples. • Discuss and defend the ideas of the leading Federalists and Anti-Federalists on several issues in a classroom role-play debate. (Optional Activity) • Develop critical thinking, writing skills, and facility with textual evidence by examining the strengths of either Federalism or Anti-Federalism. (Optional/Extended Activities) • Use both research skills and creative writing techniques to draft a dialogue between two contemporary figures that reflects differences in Federalist and Anti-Federalist philosophies. -
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 Federalist Papers: # 10, # 51, and # 78 Federalist No. 10
1 The Federalist Papers: # 10, # 51, and # 78 Federalist No. 10 The Same Subject Continued: The Union as a Safeguard Against Domestic Faction and Insurrection From the New York Packet. Friday, November 23, 1787. Author: James Madison To the People of the State of New York: AMONG the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice. He will not fail, therefore, to set a due value on any plan which, without violating the principles to which he is attached, provides a proper cure for it. The instability, injustice, and confusion introduced into the public councils, have, in truth, been the mortal diseases under which popular governments have everywhere perished; as they continue to be the favorite and fruitful topics from which the adversaries to liberty derive their most specious declamations. The valuable improvements made by the American constitutions on the popular models, both ancient and modern, cannot certainly be too much admired; but it would be an unwarrantable partiality, to contend that they have as effectually obviated the danger on this side, as was wished and expected. Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority. -
Revolutionary Period (1763-1789) Part 3: Constitutional Convention
Revolutionary Period (1763-1789) Part 3: Constitutional Convention The Constitutional Convention was held in 1787 in Philadelphia. Fifty-five delegates met to revise, or improve, the nation’s first constitution, the Articles of Confederation. The Articles were so weak, the framers decided to a write a new constitution. The U.S. Constitution created a strong national government, but with limits against the abuse of power. After the convention ended, the states ratified the new constitution. Problems under the Delegates meet at States ratify the new Articles of Confederation Constitutional constitution. Examples: no president Convention in 1787 and States have too write a new constitution. much power The most important conflict at the Convention was over Another conflict was over the counting of slaves when representation in the legislative branch (Congress). determining the number of representatives each state received in the House of Representatives. Virginia Plan New Jersey Plan Northern States Southern States -large state plan -small state plan -did not want to count -wanted to count -2-house legislature -1-house legislature slaves as part of the slaves as part of the -proportional -equal representation population population representation (population) Great Compromise 3/5 Compromise -2-house legislature -three-fifths of all -House of Representatives (proportional slaves would be representation) counted as part of the -Senate – equal representation (2 per population for state) representation Ratification Terms to Know Federalists – supported ratification of the Constitution Delegate - representative Federalist Papers – written by James Madison, Alexander Hamilton, Framer - someone who and John Jay is support of ratification helped write the Constitution Anti-Federalists – opposed ratification of the Constitution, mainly Ratify - to approve or because it did not have a bill of rights accept . -
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. -
Federalism 7/17/04 9:48 AM Page 14
04 014-016 Founders Federalism 7/17/04 9:48 AM Page 14 Federalism By the time the delegates to the Constitutional commercial use of the Potomac River, along with Convention had gathered in Philadelphia in 1787, his study of history, convinced him that a system the American people had been accustomed for based on state sovereignty was destined to fail. more than one hundred and fifty years to having Madison worked with other members of the most of their affairs managed first within the Virginia delegation on a plan for a basically colonies and then in independent states. It was not national, rather than confederal, system of surprising that the Articles of Confederation, the government. In addition to provisions for separate initial constitutional system for legislative, executive, and judicial “The United States of America,” branches, the “Virginia Plan” affirmed in its first article the would have empowered general “sovereignty, freedom Congress “to negative all laws and independence” of the states. passed by the several States, Beyond historical precedence, contravening in the opinion of the commitment to state the National Legislature the sovereignty drew support from articles of Union; and to call sixteenth- and seventeenth- forth the force of the Union century theorists such as Jean against any member of the Jacques Rousseau who argued Union failing to fulfill its duty that the habits and virtues under the articles thereof.” The needed by a self-governing Virginia Plan proposed a people can be cultivated only in national government that would small republics. In short, history be legally and functionally and theory seemed to be on the supreme over the states. -
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. -
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In 1798, Thomas Jefferson and James Madison penned the Kentucky and Virginia Resolutions, formally detailing the principles of nullification for the first time. Standing alone, the resolutions make a strong case for nullification. But they don’t reveal the whole story. The resolutions were actually just a first step in the strategy Madison and Jefferson developed for dealing with the unconstitutional Alien and Sedition Acts. Correspondence between the two men, and other players involved in the fight to block this early example of federal overreach, provide a much clearer picture of what they were trying to accomplish in the long run. During the summer of 1798, Congress passed four laws together known as the Alien and Sedition Acts. These laws violated several constitutional provisions and represented a gross federal usurpation of power. The first three laws dealt with the treatment of resident aliens. The Alien Friends Act gave the president sweeping power to deport “dangerous” aliens, in effect elevating the president to the role of judge, jury and “executioner.” The Alien Enemies Act allowed for the arrest, imprisonment and deportation of any male citizen of a nation at war with the U.S., even without any evidence that the individual was an actual threat. These laws unconstitutionally vested judicial powers in the executive branch and denied the accused due process. The most insidious of the laws was the Sedition Act. It essentially criminalized criticism of the federal government, a blatant violation of the First Amendment. Recognizing the Alien and Sedition Acts represented a serious threat to the constitutional system, and with few options for addressing the overreach due to Federalist Party control of the federal government, Jefferson and Madison turned to the states. -
The President's Power to Execute the Laws
Article The President's Power To Execute the Laws Steven G. Calabresit and Saikrishna B. Prakash" CONTENTS I. M ETHODOLOGY ............................................ 550 A. The Primacy of the Constitutional Text ........................ 551 B. The Source of Confusion Regarding Originalisin ................. 556 C. More on Whose Original Understanding Counts and Why ........... 558 II. THE TEXTUAL CASE FOR A TRINITY OF POWERS AND OF PERSONNEL ...... 559 A. The ConstitutionalText: An Exclusive Trinity of Powers ............ 560 B. The Textual Case for Unenunterated Powers of Government Is Much Harder To Make than the Case for Unenumnerated Individual Rights .... 564 C. Three Types of Institutions and Personnel ...................... 566 D. Why the Constitutional Trinity Leads to a Strongly Unitary Executive ... 568 Associate Professor, Northwestern University School of Law. B.A.. Yale University, 1980, 1 D, Yale University, 1983. B.A., Stanford University. 1990; J.D.. Yale University, 1993. The authors arc very grateful for the many helpful comments and suggestions of Akhil Reed Amar. Perry Bechky. John Harrison, Gary Lawson. Lawrence Lessig, Michael W. McConnell. Thomas W. Merill. Geoffrey P. Miller. Henry P Monaghan. Alex Y.K. Oh,Michael J.Perry, Martin H. Redish. Peter L. Strauss. Cass R.Sunstein. Mary S Tyler, and Cornelius A. Vermeule. We particularly thank Larry Lessig and Cass Sunstein for graciously shanng with us numerous early drafts of their article. Finally. we wish to note that this Article is the synthesis of two separate manuscripts prepared by each of us in response to Professors Lessig and Sunstei. Professor Calabresi's manuscript developed the originalist textual arguments for the unitary Executive, and Mr Prakash's manuscript developed the pre- and post-ratification histoncal arguments. -
The Civil War As Constitutional Interpretation (Reviewing Lincoln's
REVIEW The Civil War as Constitutional Interpretation Michael Stokes Paulsent Lincoln's Constitution, Daniel Farber. Chicago, 2003. Pp ix, 240. I. THE COMMANDER-IN-CHIEF OF A WAR OVER CONSTITUTIONAL MEANING The world will little note, nor long remember, what academics say about the Constitution. That is, probably, as it should be. The law is made-its interpretation settled-by great events, not law review articles; by wars, not words; by presidents, not professors. The Constitution we have today is in substantial measure the re- sult of the single most decisive legal interpretive event of American history: the Civil War. The outcome of Grant v Lee resolved the most important issue of antebellum constitutional dispute-the nature of the Union-in favor of the nationalist view of sovereignty and against the South's state-sovereignty view. It was a great Civil War, not a judicial opinion, that settled this issue. It was likewise the Civil War, not any correcting judicial decision, that reversed the most egre- gious error of the Supreme Court up to that point in our history- Dred Scott's' enshrinement of slavery as a fundamental constitutional property right of (white) citizens, immune from federal interference as a matter of "due process" of law. And it was the War, not any judi- cial decision, that reversed the most egregious error of the framers in t Briggs & Morgan Professor of Law, University of Minnesota Law School;Visiting Profes- sor of Law (2003-2004), University of St. Thomas School of Law. My thanks to John Nagle and Saikrishna Prakash for comments on earlier drafts of this Review.