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The Constitution in Congress: Substantive Issues in the First Congress, 1789-1791 David P
The University of Chicago Law Review VOLUME 61 NUMBER 3 SUMMER 1994 of Chicago © 1994 by The University The Constitution in Congress: Substantive Issues in the First Congress, 1789-1791 David P. Curriet Judicial review of legislative and executive action has been such a success in the United States that we tend to look exclu- sively to the courts for guidance in interpreting the Constitution. The stock of judicial precedents is rich, accessible, and familiar, but it does not exhaust the relevant materials. Members of Congress and executive officers, no less than judges, swear to uphold the Constitution, and they interpret it every day in making and applying the law.' Like judges, they often engage in t Edward H. Levi Distinguished Service Professor and Interim Dean, The University of Chicago Law School. The author wishes to thank the Kirkland & Ellis Faculty Research Fund, the Mayer, Brown & Platt Faculty Research Fund, the Morton C. Seeley Fund, the Raymond & Nancy Goodman Feldman Fund, and the Sonnenschein Faculty Research Fund for financial support; Charlene Bangs Bickford, Kenneth R. Bowling, and Helen E. Veit of the First Federal Congress Project for access to hitherto unpublished reports of the debates; Kenneth Bowling, Gerhard Casper, Richard Posner, and Richard Ross for invalu- able advice and encouragement; and Keith Garza for exemplary research assistance. ' "M[T]he whole business of Legislation," said Representative Theodore Sedgwick in 1791, "was a practical construction of the powers of the Legislature. ." Gales & Seaton, eds, 2 Annals of Congress 1960 (1791) ("Annals"). See generally Frank H. Easterbrook, PresidentialReview, 40 Case W Res L Rev 905 (1989-90); Jefferson Powell, ed, Languages of Power: A Source Book of Early American ConstitutionalHistory xi-xii (Carolina Aca- demic Press, 1991). -
League of Women Voters of Maine Study Report on Citizens' Initiatives
League of Women Voters of Maine Study Report on Citizens’ Initiatives and People’s Veto Referenda Study Committee Members: Beth Basham Barbara Kaufman Valerie Kelly Kim Peaslee Judy Whiting Contents List of Tables ........................................................................................................................................... ii List of Figures .......................................................................................................................................... ii List of Appendices (see separate document) ............................................................................................ ii Acknowledgments .................................................................................................................................. iii List of Acronyms and Abbreviations ........................................................................................................ iv 1. Origin and Goals of the Study........................................................................................................... 1 2. “Participatory” (or “Direct”) Democracy within Representative Government ................................... 3 3. Maine Citizens’ Initiatives and People’s Veto Referenda: 1908–2018 ............................................... 8 A. How Many CI/PVR Have Maine Citizens Introduced? .................................................................... 8 B. What Are the Issues and Outcomes Associated with Maine’s CIs/PVRs? ....................................... 8 C. -
CRS Report for Congress Received Through the CRS Web
Order Code RL30665 CRS Report for Congress Received through the CRS Web The Role of the House Majority Leader: An Overview Updated April 4, 2006 Walter J. Oleszek Senior Specialist in the Legislative Process Government and Finance Division Congressional Research Service ˜ The Library of Congress The Role of the House Majority Leader: An Overview Summary The majority leader in the contemporary House is second-in-command behind the Speaker of the majority party. Typically, the majority leader functions as the Speaker’s chief lieutenant or “field commander” for day-to-day management of the floor. Although the majority leader’s duties are not especially well-defined, they have evolved to the point where it is possible to spotlight two fundamental and often interlocking responsibilities that orient the majority leader’s work: institutional and party. From an institutional perspective, the majority leader has a number of duties. Scheduling floor business is a prime responsibility of the majority leader. Although scheduling the House’s business is a collective activity of the majority party, the majority leader has a large say in shaping the chamber’s overall agenda and in determining when, whether, how, or in what order legislation is taken up. In addition, the majority leader is active in constructing winning coalitions for the party’s legislative priorities; acting as a public spokesman — defending and explaining the party’s program and agenda; serving as an emissary to the White House, especially when the President is of the same party; and facilitating the orderly conduct of the House’s business. From a party perspective, three key activities undergird the majority leader’s principal goal of trying to ensure that the party remains in control of the House. -
Constitution Of
MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) ,.,.... .... DOCUMENTS J'RINTE]) BY DIRECTION OF THE GOVERNOR, AND BY ORDER OF THE LEGISL!TURE, !'OB TBE YEAB. A. D. 1839. VOL. 1 . .ll.UGUST.11.: SMITH & ROBINSON1 PRINTERS TO THE STATE. 1839. RULES AND ORDERS OF THE HOUSE OF REPRESENTATIVES, OF THE ST ATE OF MAINE. I - - - -~ ------------ -- aunusta: SMITH & ROBINSON, ........ PRINTERS. 1839. HousE OF REPRESENTATIVES,~ January 7, 1839. S ORDERED, That the Clerk of this House, cause eight hun~ dred copies of the Rules and Orders, together with the Con atitution of the United States, and of this State ; the names of the members of the House, and the number of their seats ; the names of the members of the Senate ; of the several officers of each House ; of the Governor and Council, and of the officers of the several Departments of the State Government ; with a list of tl1e Standing Committees of each House, and of the Joint Standing Committees, to be printed for the use of th~ House. [Extract from the Journal.] ATTEliiT: CHARLES WATERHOUSE, Cleric. OF THE UNITED ST ATES. WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquil lity, provide for the common defence, promote the general wel fare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. -
Constitution of Maine
MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) DOCUMENTS PRINTED BY ORDER OF THE LEGISJ~.A.TURE, OF TH:E STATE OF MAINE, JlUIUNG ITS StSSION A. :0. 1940. • JlU GUST.fl: WM. R. SMITH & CO., PRINTERS TO THE STA TE. 1840. RULES AND ORDERS OF THl!: HOUSE OF REPRESENTATIVES OF THE STATE OF MAINE . •JUGUST.Jl: S:\IITH & ROBINSON, PRINTERS TO THE STATE, 1840, STATE OF MAINE. HousE OF REPRESENTATIVES, 1 January 7, 1840. 5 ORDERED, That the Clerk of this House, cause eight hundred copies of the Rules and Orders, together with the Constitution of the United States, and of this Stafe; the names of the members of the House, and the number of their seats ; the names of the members of the Senate; of the several officers of each House; of the Governor and Council, ahd of the officers of the several Departments of the State Government; with a list of the Standing Committees of each House, and of the Joint Standing Commit• tees, to be printed for the use of the House. [Extract from the Journal.] ATTEST: ELBRIDGE GERRY, Clerk OF THE .UNITED STATES. WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquili ty, provide for the common defence, promote the general wel fare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. -
Constitution of Maine
MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) DOClU~IENTS PRL"i'.TED BY ORDER OF THE JLEGrISLA11 URE OF TUE STATE OF MAINE, DCitDiG ITS SESSION A. D. 1856. PART FIRST. §lttgnstn: FULLER&:: FULLER, PRINTERS TO THE STATE. 1 8 5 G. RULEiS AND ORDERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF MAINE, 18 5 6. FULLER & FULLER, PRINTERS. 18 5 6. JQSIAH ~: LITT~~' Rortlan4, SP1;:.A.1rn~ [ill®(!!J~~ ®lf 00[.g[f)rfil@~@~u IA uawrn~~ PA YJD DJJNN, f,0Ja11iJ1 WH.,liUl\! L,. !'UTNJ CLER!j:, A~sISTAMT Cua ,.;.,,· .. 'r"---- -" ~ ... c:: 12 11 10 9 8 7 JOHN C. TALBOT, JR., I SAMUEL S. DAKIN, WM. S. COCHRAN, KOAH BARKER, JOHN W. COFFIN, JOHN N. SWAZEY, Lubec. Carmel, Waldo borough. Exeter. Chenyfie!d. Bucksport. i Rep"'"' J 28 27 25 25 24 23 22 21 20 JEREMIAH FOSTER,\ THOS. PATTERSON, JOSEPH IRISH, DANCEL HOWES, EDMUND DA)TA, ISAAC W. BRITTON, SAMUEL S. VYING, P. P. BURLEIGH, C. C. CUSH!v East Machias. Madison. Union. New Sharon. vViscasset. VFinslow. Brunswick. Linneus. Hebron. I ~~ ~~~I~~ 44 43 42 41 40 39 38 37 36 H. W. JOHNSON, THOS . .l\f. MORROW, JOHN m:;:vrn, JAMES TRICKEY, ALBERT MOORE, THOiWAS OWEN, E. PEARSON, Ja., ISAAC HOBART, JOHN R. SW Bluebill. Searsmont. Robbinston. Cape Elizabeth. North Anson. Leeds. Machias. Edmunds. -
History of Maine - History Index - MHS Kathy Amoroso
The University of Maine DigitalCommons@UMaine Maine History Documents Special Collections 2019 History of Maine - History Index - MHS Kathy Amoroso Follow this and additional works at: https://digitalcommons.library.umaine.edu/mainehistory Part of the History Commons Repository Citation Amoroso, Kathy, "History of Maine - History Index - MHS" (2019). Maine History Documents. 220. https://digitalcommons.library.umaine.edu/mainehistory/220 This Other is brought to you for free and open access by DigitalCommons@UMaine. It has been accepted for inclusion in Maine History Documents by an authorized administrator of DigitalCommons@UMaine. For more information, please contact [email protected]. Index to Maine History publication Vol. 9 - 12 Maine Historical Society Newsletter 13 - 33 Maine Historical Society Quarterly 34 – present Maine History Vol. 9 – 51.1 1969 - 2017 1 A a' Becket, Maria, J.C., landscape painter, 45:203–231 Abandonment of settlement Besse Farm, Kennebec County, 44:77–102 and reforestation on Long Island, Maine (case study), 44:50–76 Schoodic Point, 45:97–122 The Abenaki, by Calloway (rev.), 30:21–23 Abenakis. see under Native Americans Abolitionists/abolitionism in Maine, 17:188–194 antislavery movement, 1833-1855 (book review), 10:84–87 Liberty Party, 1840-1848, politics of antislavery, 19:135–176 Maine Antislavery Society, 9:33–38 view of the South, antislavery newspapers (1838-1855), 25:2–21 Abortion, in rural communities, 1904-1931, 51:5–28 Above the Gravel Bar: The Indian Canoe Routes of Maine, by Cook (rev.), 25:183–185 Academy for Educational development (AED), and development of UMaine system, 50(Summer 2016):32–41, 45–46 Acadia book reviews, 21:227–229, 30:11–13, 36:57–58, 41:183–185 farming in St. -
American Political Thought
AMERICAN POLITICAL THOUGHT 00-Whittington-FM.indd 1 28/10/15 5:50 AM DESIGN SERVICES OF # 159102 Cust: OUP Au: Whittington Pg. No. i K S4CARLISLE Title: American Political Thought 1e Short / Normal Publishing Services 00-Whittington-FM.indd 2 28/10/15 5:50 AM DESIGN SERVICES OF # 159102 Cust: OUP Au: Whittington Pg. No. ii K S4CARLISLE Title: American Political Thought 1e Short / Normal Publishing Services AMERICAN POLITICAL THOUGHT READINGS AND MATERIALS Keith E. Whittington PRINCETON UNIVERSITY NEW YORK OXFORD OXFORD UNIVERSITY PRESS 00-Whittington-FM.indd 3 28/10/15 5:50 AM DESIGN SERVICES OF # 159102 Cust: OUP Au: Whittington Pg. No. iii K S4CARLISLE Title: American Political Thought 1e Short / Normal Publishing Services Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright © 2017 by Oxford University Press For titles covered by Section 112 of the US Higher Education Opportunity Act, please visit www.oup.com/us/he for the latest information about pricing and alternate formats. Published by Oxford University Press 198 Madison Avenue, New York, New York 10016 http://www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. -
Jeffersons Rivals: the Shifting Character of the Federalists 23
jeffersons rivals: the shifting character of the federalists roberf mccolley Our first national political association, after the revolutionary patriots, was the Federalist Party, which controlled the Federal government for twelve years, and then dwindled rapidly away. Within its brief career this Federalist Party managed to go through three quite distinct phases, each of which revealed a different composition of members and of principles. While these are visible enough in the detailed histories of the early na tional period, they have not been clearly marked in our textbooks. An appreciation of the distinctness of each phase should reduce some of the confusion about what the party stood for in the 1790's, where Jeffersonians have succeeded in attaching to it the reactionary social philosophy of Hamilton. Furthermore, an identification of the leading traits of Feder alism in each of its three phases will clarify the corresponding traits in the opposition to Federalism. i. federalism as nationalism, 1785-1789 The dating of this phase is arbitrary, but defensible. Programs for strengthening the Articles of Confederation were a favorite subject of political men before Yorktown. In 1785 a national movement began to form. Several delegates met in that year at Mount Vernon to negotiate commercial and territorial conflicts between Virginia and Maryland. In formally but seriously they also discussed the problem of strengthening the national government. These men joined with nationally minded lead ers from other states to bring on the concerted movement for a new Constitution.1 The interesting questions raised by Charles Beard about the motives of these Federalists have partly obscured their leading concerns, and the scholarship of Merrill Jensen has perhaps clarified the matter less than it should have. -
Artemas Ward and the Politics of the New Nation
ARTEMAS WARD AND THE POLITICS OF THE NEW NATION By MARION RAY McCULLAR /I / Bachelor of Arts Central State University Edmond, Oklahoma 1967 Submitted to the Faculty of the Graduate College of the Oklahoma State University in partial fulfillment of the requirements for the Degree of MASTER OF ARTS July, 1972 WI\U\ffl11W1 " IMTI UfflVERfll] 'tRRARY FEB 6 1973 ARTEMAS WARD AND THE POLITICS OF THE NEW NATION Thesis Approved: ii PREFACE The po1;i.tics of the young republic were marked by the fear of an all powerful government on the one han~ and by anxieties that govern ment might have insufficient power on the other. This ambivalence not only divided Congress but created inner tensions within the members themselves as to how to achieve a proper balance. The national politi cal career of Artemas Ward provides a particularly illuminating example of that tension. After a long career in provincial politics, Ward moved into the national political circle at a time when greater powers for the Congress were deemed by many as essential to the further prosecution of the Revolution. An ardent patriot, Ward was also fiercely devoted to the preservation of a social order in Massachusetts which he believed would be destroyed by either over-centralization or public licentiousness. The resolution of the conflict between these two extremes in the political career of Artemas Ward elucidates one important facet of the politics of the new nation. I owe a special debt of gratitude to my advisor, Professor H. James Henderson, who generously gave of his time and knowledge to help me in every stage of research and writing of this thesis. -
The Vice-Presidency and the Problems of Presidential Succession and Inability
Fordham Law Review Volume 32 Issue 3 Article 2 1964 The Vice-Presidency and the Problems of Presidential Succession and Inability John D. Feerick Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation John D. Feerick, The Vice-Presidency and the Problems of Presidential Succession and Inability, 32 Fordham L. Rev. 457 (1964). Available at: https://ir.lawnet.fordham.edu/flr/vol32/iss3/2 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Vice-Presidency and the Problems of Presidential Succession and Inability Cover Page Footnote Member of the New York Bar; member, American Bar Association Conference on Presidential Inability and Succession. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol32/iss3/2 THE VICE-PRESIDENCY AND THE PROBLEMS OF PRESIDENTIAL SUCCESSION AND INABILITY JOHN D. FEERICK* In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Offi e, tile Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice Presi- dent, declaring what Officer shall then act as President, and such Offlcer shall act accordingly, until the Disability be removed, or a President shall be elected.' THE orderly transfer of power to President Lyndon B. -
The Legislature, -~:2!?#-:7
MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) DOCUMENTS PRl~TED BY ORDER OF THE LEGISLATURE, -~:2!?#-:7. STATE OF MAINEi DURING ITS SESSIOl.'I' A.. D. 1841. ~UJJUlta: SEVERANCE AND DORR, PRINTERS TO THE STATE. I 8 4 1. RULES AN]) OltDERS OP THE OF THE STATE OF MAINE, I 8 41. aunu~ta: SJ1:n:RANCE & DORR, .... PRINTEJlS .. 1 84 l, HousE OF REPRESENTATIVES, ( January 15, 1841. 5 ORDERED, That the Clerk of this House, cause eight hun dred copies of the Rules and Orders, together with the Constitution of the United States, and of this State ; the names of the members of the House,and the number of their seats ; the names of the members of the Senate ; of the sev eral officers of each House ; of the Governor and Council, and of the officers of the several Departments of the State Government ; with a list of the Standing Committees of each House, and of the Joint Standing Committees ; with the Census of this State ; to be printed for the use of the House. [Extract from the Journal.] ATTEST: GEORGE C. GETCHELL, Clerk. OF THE UNITED STATES. WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tran quillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselveia, and our posterity, do ordain and establish this Constitution for the United States of America.