A More Perfect Union: the Creation of the U.S. Constitution
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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. -
Tennessee Counties Named for Patriots & Founding Fathers
Tennessee Counties named for Patriots & Founding Fathers Photo County amed for Anderson County Joseph Anderson (1757-1837), U.S. Senator from TN, and first Comptroller of the U.S. Treasury. During the Revolutionary War, he was an officer in the New Jersey Line of the Continental Army. Bedford County Revolutionary War Officer Thomas Bedford Bledsoe County Anthony Bledsoe (ca 1795-1793), Revolutionary War Soldier, Surveyer, and early settler of Sumner County. Blount County William Blount (1749-1800) was a delegate to the Constitutional Convention of North Carolina, the first and only Governor of the Southwest Territory, and was appointed as the Regimental Paymaster of the 3rd NC. Regiment during the Revolutionary War. Davidson County William Lee Davidson (1746-1781) a Brigadier General who died in the Revolutionary War Battle of Cowan’s Ford. DeKalb County Johann de Kalb (1721-1780) A German-born baron who assisted the Continentals during the Revolutionary War Fayette County Marquis de La Fayette (1757-1834) a French aristocrat and military officer who was a General in the Revolutionary War Franklin County Founding Father Benjamin Franklin (1706-1790) Greene County Nathaniel Greene (1742-1786) Major General in the Continental Army During the Revolutionary War. Hamilton County Founding Father Alexander Hamilton (ca.1755- 1804) Hancock County John Hancock (1737-1794) President of the Continental Congress Hawkins County Benjamin Hawkins (1754-1816) was commissioned as a Colonel in the Continental Army where he served under George Washington for several years as his main French interpreter. Henry County Revolutionary-era Patriot Patrick Henry (1736- 1799) Jackson County Revolutionary War Veteran and President Andrew Jackson (1767-1845). -
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. -
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. -
The Signers of the U.S. Constitution
CONSTITUTIONFACTS.COM The U.S Constitution & Amendments: About the Signers (Continued) The Signers of the U.S. Constitution On September 17, 1787, the Constitutional Convention came to a close in the Assembly Room of Independence Hall in Philadelphia, Pennsylvania. There were seventy individuals chosen to attend the meetings with the initial purpose of amending the Articles of Confederation. Rhode Island opted to not send any delegates. Fifty-five men attended most of the meetings, there were never more than forty-six present at any one time, and ultimately only thirty-nine delegates actually signed the Constitution. (William Jackson, who was the secretary of the convention, but not a delegate, also signed the Constitution. John Delaware was absent but had another delegate sign for him.) While offering incredible contributions, George Mason of Virginia, Edmund Randolph of Virginia, and Elbridge Gerry of Massachusetts refused to sign the final document because of basic philosophical differences. Mainly, they were fearful of an all-powerful government and wanted a bill of rights added to protect the rights of the people. The following is a list of those individuals who signed the Constitution along with a brief bit of information concerning what happened to each person after 1787. Many of those who signed the Constitution went on to serve more years in public service under the new form of government. The states are listed in alphabetical order followed by each state’s signers. Connecticut William S. Johnson (1727-1819)—He became the president of Columbia College (formerly known as King’s College), and was then appointed as a United States Senator in 1789. -
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 Other Madison Problem
THE OTHER MADISON PROBLEM David S. Schwartz* & John Mikhail** The conventional view of legal scholars and historians is that James Madison was the “father” or “major architect” of the Constitution, whose unrivaled authority entitles his interpretations of the Constitution to special weight and consideration. This view greatly exaggerates Madison’s contribution to the framing of the Constitution and the quality of his insight into the main problem of federalism that the Framers tried to solve. Perhaps most significantly, it obstructs our view of alternative interpretations of the original Constitution with which Madison disagreed. Examining Madison’s writings and speeches between the spring and fall of 1787, we argue, first, that Madison’s reputation as the father of the Constitution is unwarranted. Madison’s supposedly unparalleled preparation for the Constitutional Convention and his purported authorship of the Virginia plan are unsupported by the historical record. The ideas Madison expressed in his surprisingly limited pre-Convention writings were either widely shared or, where more peculiar to him, rejected by the Convention. Moreover, virtually all of the actual drafting of the Constitution was done by other delegates, principally James Wilson and Gouverneur Morris. Second, we argue that Madison’s recorded thought in this critical 1787 period fails to establish him as a particularly keen or authoritative interpreter of the Constitution. Focused myopically on the supposed imperative of blocking bad state laws, Madison failed to diagnose the central problem of federalism that was clear to many of his peers: the need to empower the national government to regulate the people directly. Whereas Madison clung to the idea of a national government controlling the states through a national legislative veto, the Convention settled on a decidedly non-Madisonian approach of bypassing the states by directly regulating the people and controlling bad state laws indirectly through the combination of federal supremacy and preemption. -
H. Doc. 108-222
34 Biographical Directory DELEGATES IN THE CONTINENTAL CONGRESS CONNECTICUT Dates of Attendance Andrew Adams............................ 1778 Benjamin Huntington................ 1780, Joseph Spencer ........................... 1779 Joseph P. Cooke ............... 1784–1785, 1782–1783, 1788 Jonathan Sturges........................ 1786 1787–1788 Samuel Huntington ................... 1776, James Wadsworth....................... 1784 Silas Deane ....................... 1774–1776 1778–1781, 1783 Jeremiah Wadsworth.................. 1788 Eliphalet Dyer.................. 1774–1779, William S. Johnson........... 1785–1787 William Williams .............. 1776–1777 1782–1783 Richard Law............ 1777, 1781–1782 Oliver Wolcott .................. 1776–1778, Pierpont Edwards ....................... 1788 Stephen M. Mitchell ......... 1785–1788 1780–1783 Oliver Ellsworth................ 1778–1783 Jesse Root.......................... 1778–1782 Titus Hosmer .............................. 1778 Roger Sherman ....... 1774–1781, 1784 Delegates Who Did Not Attend and Dates of Election John Canfield .............................. 1786 William Hillhouse............. 1783, 1785 Joseph Trumbull......................... 1774 Charles C. Chandler................... 1784 William Pitkin............................. 1784 Erastus Wolcott ...... 1774, 1787, 1788 John Chester..................... 1787, 1788 Jedediah Strong...... 1782, 1783, 1784 James Hillhouse ............... 1786, 1788 John Treadwell ....... 1784, 1785, 1787 DELAWARE Dates of Attendance Gunning Bedford, -
The Constitutional Convention
The Constitutional Convention Woman (to Benjamin Franklin): “Well, Doctor, what have we got—a Republic or a Monarchy?” Benjamin Franklin: "A Republic, if you can keep it.” - McHenry, The Records of the Federal Convention of 1787 Scene at the Signing of the Constitution of the United States, Oil on Canvas, Howard Chandler Christy The hundred day debate known as the Constitutional Convention was one of the most momentous occurrences in United States Constitutional History, and the events that would take place in the Pennsylvania State House during that time would set the United States on the course towards becoming a true Constitutional Republic. The Convention took place from May 14 to September 17, 1787, in Philadelphia, Pennsylvania. The point of the event was decide how America was going to be governed. Although the Convention had been officially called to revise the existing Articles of Confederation, many delegates had much bigger plans. Men like James Madison and Alexander Hamilton wanted to create a new government rather than fix the existing one. The delegates elected George Washington to preside over the Convention. 70 Delegates had been appointed by the original states to attend the Constitutional Convention, but only 55 were able to be there. Rhode Island was the only state to not send any delegates at all. As history played out, the result of the Constitutional Convention was the United States Constitution, but it wasn't an easy path. The drafting process was grueling. They wanted the supreme law of the United States to be perfect. The first two months of the Convention saw fierce debate over the 15 points of the "Virginia Plan" which had been proposed by Madison as an upgrade to the Articles of Confederation. -
Presidential Removal: the Marbury Problem and the Madison Solutions
Fordham Law Review Volume 89 Issue 5 Article 14 2021 Presidential Removal: The Marbury Problem and the Madison Solutions Jed Handelsman Shugerman Professor of Law, Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Jed Handelsman Shugerman, Presidential Removal: The Marbury Problem and the Madison Solutions, 89 Fordham L. Rev. 2085 (2021). Available at: https://ir.lawnet.fordham.edu/flr/vol89/iss5/14 This Symposium 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]. PRESIDENTIAL REMOVAL: THE MARBURY PROBLEM AND THE MADISON SOLUTIONS Jed Handelsman Shugerman* [Marbury’s] appointment was not revocable; but vested in the officer legal rights, which are protected by the laws of his country. To withhold his commission, therefore, is an act deemed by the court not warranted by law, but violative of a vested legal right. —Chief Justice John Marshall1 INTRODUCTION This sentence from Marbury v. Madison2 is both a potential argument against the unitary executive theory of total executive removal power . and in favor of it. Why was William Marbury’s office as justice of the peace irrevocable? Why didn’t President Thomas Jefferson just fire Marbury and moot this case? On the other hand, this sentence also seems to tell us that “vested” rights are irrevocable, so perhaps vested powers are also irrevocable (or “indefeasible” by Congress and not conditional by legislation)? Here is another sentence relying on this absolutist connotation of “vested”: “Under our Constitution, the ‘executive Power’—all of it—is ‘vested in a President,’ who must ‘take Care that the Laws be faithfully executed.’”3 In Seila Law LLC v. -
The Privileges and Immunities Clause of Article IV, 37 Case W
Case Western Reserve Law Review Volume 37 | Issue 4 1987 The rP ivileges and Immunities Clause of Article IV David S. Bogen Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation David S. Bogen, The Privileges and Immunities Clause of Article IV, 37 Case W. Res. L. Rev. 794 (1987) Available at: https://scholarlycommons.law.case.edu/caselrev/vol37/iss4/8 This Symposium is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. THE PRIVILEGES AND IMMUNITIES CLAUSE OF ARTICLE IV David S. Bogen* The Privileges and Immunities Clause ofArticle IV is deeply rooted in the histori- cal context of English law. It developed from colonial charter provisions and the position of the colonists as subjects of a common king, evolved as the colonies ex- panded, survived the Revolutionary War in the Articles of Confederation and was eventually adopted in the Constitution. This Article traces the history of the Privileges and Immunities Clause in order to elaborate on the originalintent embodied in its language. ProfessorBogen states that the clause did not embody natural law concepts, but was solely concerned with creating a national citizenship. He contends thatfear of a naturallaw interpretationhas incorrectlyprevented the Courtfrom finding the clause applicable to citizens in the state where they reside. He suggests that a full examina- tion of the historical origin of the clause could lead to a more concrete basis for judicial interpretation. -
Historical Note on Formation of the Constitution
HISTORICAL NOTE ON FORMATION OF THE CONSTITUTION In June 1774, the Virginia and Massachusetts assemblies independently proposed an intercolonial meeting of delegates from the several colonies to restore union and harmony between Great Britain and her American Colo- nies. Pursuant to these calls there met in Philadelphia in September of that year the first Continental Congress, composed of delegates from 12 colonies. On October 14, 1774, the assembly adopted what has become to be known as the Declaration and Resolves of the First Continental Congress. In that instrument, addressed to his Majesty and to the people of Great Britain, there was embodied a statement of rights and principles, many of which were later to be incorporated in the Declaration of Independence and the Federal Con- stitution.1 This Congress adjourned in October with a recommendation that an- other Congress be held in Philadelphia the following May. Before its succes- sor met, the battle of Lexington had been fought. In Massachusetts the colo- nists had organized their own government in defiance of the royal governor and the Crown. Hence, by general necessity and by common consent, the sec- ond Continental Congress assumed control of the “Twelve United Colonies”, soon to become the “Thirteen United Colonies” by the cooperation of Geor- gia. It became a de facto government; it called upon the other colonies to assist in the defense of Massachusetts; it issued bills of credit; it took steps to organize a military force, and appointed George Washington commander in chief of the Army. While the declaration of the causes and necessities of taking up arms of July 6, 1775,2 expressed a “wish” to see the union between Great Britain and the colonies “restored”, sentiment for independence was growing.