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Not Another Constitutional Law Course: a Proposal to Teach a Course on the Constitution
Florida International University College of Law eCollections Faculty Publications Faculty Scholarship 1991 Not Another Constitutional Law Course: A Proposal to Teach a Course on the Constitution Thomas E. Baker Florida International University College of Law Follow this and additional works at: https://ecollections.law.fiu.edu/faculty_publications Part of the Constitutional Law Commons, and the Legal Education Commons Recommended Citation Thomas E. Baker, Not Another Constitutional Law Course: A Proposal to Teach a Course on the Constitution , 76 Iowa L. Rev. 739 (1991). Available at: https://ecollections.law.fiu.edu/faculty_publications/173 This Article is brought to you for free and open access by the Faculty Scholarship at eCollections. It has been accepted for inclusion in Faculty Publications by an authorized administrator of eCollections. For more information, please contact [email protected]. Not Another Constitutional Law Course: A Proposal to Teach a Course on the Constitutiont Thomas E. Baker* and James E. Viator** Justice Douglas once railed against law review writing in which "the views presented are those of special pleaders who fail to disclose that they are not scholars but rather people with axes to grind."l Not so here. Authors ofcourse materials, even casebook authors, package their biases in subtle but effective ways, through their selection, organization, and empha sis of materials. By this essay, which is based on the preface to our multilithed course materials, we mean to disclose our own biases to our students and readers. This is the basic question we consider at the outset: How is a course on the.Constitution different from a'course on constitutional law? Our course, "The Framers' Constitution," is about the history and theory of the t ©1991 Thomas E. -
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, -
On the Commander-In-Chief Power
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2008 On the Commander-In-Chief Power David Luban Georgetown University Law Center, [email protected] Georgetown Public Law and Legal Theory Research Paper No. 1026302 This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/598 http://ssrn.com/abstract=1026302 81 S. Cal. L. Rev. 477-571 (2008) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons ON THE COMMANDER IN CHIEF POWER ∗ DAVID LUBAN BRADBURY: Obviously, the Hamdan decision, Senator, does implicitly recognize that we’re in a war, that the President’s war powers were triggered by the attacks on the country, and that [the] law of war paradigm applies. That’s what the whole case was about. LEAHY: Was the President right or was he wrong? BRADBURY: It’s under the law of war that we . LEAHY: Was the President right or was he wrong? BRADBURY: . hold the President is always right, Senator. —exchange between a U.S. Senator and a Justice Department 1 lawyer ∗ University Professor and Professor of Law and Philosophy, Georgetown University. I owe thanks to John Partridge and Sebastian Kaplan-Sears for excellent research assistance; to Greg Reichberg, Bill Mengel, and Tim Sellers for clarifying several points of American, Roman, and military history; to Marty Lederman for innumerable helpful and critical conversations; and to Vicki Jackson, Paul Kahn, Larry Solum, and Amy Sepinwall for helpful comments on an earlier draft. -
The Evolution of James Madison and Alexander Hamilton's Rivalry And
The Evolution of James Madison and Alexander Hamilton’s Rivalry and the Founding of America’s First Party Faction Megan Yang Many national heroes arose from the rubble of the Revolutionary War, but only one was deemed noble enough to lead the new republic: George Washington. Throughout his presidency, Washington strove to preserve a sense of unity and agreement amongst the citizens of a young America, stating in his Farewell Address, “To the efficacy and permanency of your Union, a government for the whole is indispens- a b l e .” 1 This sense of concern for the future of the state was palpable throughout the nation’s new capital in the mid-1790s, following the first official division within Washington’s own cabinet. “In every political society, parties are unavoidable,” wrote James Madi- son in an essay for the National Gazette.2 Even in the earliest days of our country, extreme political polarization played a significant role in determining America’s future, whether it was considering King George’s right to levy taxes on the colonists or the constitutionality of raising a national bank. However, no political division has proven so infamous and highly debated as Madison’s 1792 co-founding of Amer- ica’s first official party faction: the Republican Party. This was the year that Madison seemingly abandoned long-time ally and co-author of the Federalist Papers, Alexander Hamilton, by becoming a proponent of pacifism and state rights. By doing this, many historians and even his contemporaries, including Hamilton, argue that Madison too easily deserted his own principles for those of a more liberal Thomas Jeffer- son. -
Governor Annapolis Convention Edmund Randolph * Did Not Attend
Officers of the Commonwealth of Virginia 1787–1788 Governor Annapolis Convention Edmund * Did not attend Randolph James Madison Council of State Edmund Randolph Beverley St. George Tucker Randolph (Lt. Governor) Carter Braxton Walter Jones* Joseph Jones George Mason* James McClurg William Ronald* Boiling Stark David Ross* James Wood Meriwether Smith* Miles Selden (resigned 31 March 1788) Sampson Mathews (resigned, 7 April 1788) Delegates to Congress Elected 7 November 1786 William Heth Edward Carrington (first attended 2 June 1788) William Grayson Treasurer Joseph Jones (declined) Jaquelin Ambler Richard Henry Lee Auditor of Public James Madison Accounts John Pendleton Elected 23 October 1787 John Brown Receiver General Edward Carrington of Continental Taxes John Hopkins Cyrus Griffin (President) Attorney General Henry Lee James Innes James Madison Solicitor General Confederation Board of Treasury Leighton Wood Arthur Lee General Court Paul Carrington Constitutional Convention (Chief Justice) Peter Lyons John Blair James Mercer James Madison William Fleming George Mason Henry Tazewell James McClurg Elected 4 Edmund Randolph January 1788 Gabriel Jones George Washington (President) (declined) Richard Parker George Wythe Joseph Prentis Patrick Henry (declined) St. George Richard Henry Lee (declined) Tucker Alexander Thomas Nelson, Jr. (declined) White Court of Chancery Edmund Minister to France Pendleton (President) George Wythe Thomas Jefferson John Blair Court of Secretary to Thomas Jefferson Admiralty Richard Cary William Short James Henry John Tyler Cite as: The Documentary History of the Ratification of the Constitution Digital Edition, ed. John P. Kaminski, Gaspare J. Saladino, Richard Leffler, Charles H. Schoenleber and Margaret A. Hogan. Charlottesville: University of Virginia Press, 2009. Canonic URL: http://rotunda.upress.virginia.edu/founders/RNCN-02-08-01- 0014 [accessed 06 Jan 2011] Original source: Ratification by the States, Volume VIII: Virginia, No. -
Charles Beard Versus the Founding
W7 l91 6 CHARLES BEARD VERSUS THE FOUNDING FATHERS: PROPERTY CONCEPTS IN THE EIGHTEENTH CENTURY THESIS Presented to the Graduate Council of the University of North Texas in Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS By Rhonda J. Breaux, B.A. Denton, Texas May, 1992 Breaux, Rhonda J., Charles Beard versus the Founding Fathers: Property Concepts in the Eighteenth Centuy Master of Arts (History), August, 1992, 134 pp., 36 titles. This thesis deals with the role of property in the formation of the American Constitution and government. Charles Beard's views on property are compared with writings from the eighteenth century. Beard's writings on property and his critics are examined in the first two chapters. Then, the thesis's two historical contexts are evaluated. Concentrating on the Enclosure Acts, the fourth chapter looks at the importance of land to the former Englishmen. The eighteenth century view of property is the focus of the fifth section. The last chapter contrasts the two different views of property. Beard believed that the Constitution was a conservative document that protected the property of the few over the many. The Founding Fathers actually included liberal protections for property in the eighteenth century. TABLE OF CONTENTS Page Chapter I. CHARLES BEARD'S VIEWS ON PROPERTY: REALTY VERSUS PERSONALTY ........................ 1 II. CRITICS OF CHARLES BEARD: ROBERT E. BROWN, FORREST MCDONALD, AND RICHARD HOFSTADTER....---------- ................ 23 III. THE TWO HISTORICAL CONTEXTS..... ................. 33 IV. THE IMPORTANCE OF LAND: AN ANALYSIS OF THE ENGLISH ENCLOSURE ACTS.--................54 V. EIGHTEENTH CENTURY VIEWS OF PROPERTY..............76 VI. -
Hamilton: an American Elitist
ENGEL Hamilton: An American Elitist AMANDA ENGEL An unexpected cultural phenomenon, Lin Manuel Miranda’s Hamilton: An American Musical brought Treasury Secretary Alexander Hamilton back into the public eye over 200 years after his death. This paper inquires as to whether Hamilton accurately depicts the political beliefs of its titular character. It also explores the ways in which Hamilton can help us understand the relationship between individuals, social power, and our conceptualizations of the past. In doing so, it concludes that the show fails to address the elitist ideas that saturated Hamilton’s political theory. Consequently, it argues that Hamilton projects contemporary values onto a historical figure and supports the highly contentious Great Man Theory of History. Alexander Hamilton is making a comeback. Slandered both in life and centuries after death, Hamilton’s work has been, at best, relatively unappreciated by the public and, at worst, caricatured and demonized by Thomas Jefferson and his admirers.1 But everything changed when lyricist, composer, and performer Lin-Manuel Miranda began dazzling Broadway audiences with Hamilton: An American Musical in 2015. A celebration of Hamilton’s life, the show was highly praised for its cast of non-white actors and its unique musical style, which combines rap, hip-hop, R&B, and traditional showtunes. Hamilton’s cultural impact was significant; it quickly earned a level of mainstream recognition that was unheard of for a Broadway musical. The show has arguably become the most popular and accessible means of learning about Hamilton and by extension, perhaps, the era in which he lived. As such, we have to wonder: Is Hamilton really the revolution we think it is? This paper will consider the following questions: Does Hamilton: An American Musical offer a fair and comprehensive depiction of Alexander Hamilton’s politics? What does its portrayal of 1 Stephen F. -
William Robertson Coe Professor of History and American Studies Professor of Political Science and (By Courtesy) of Law Stanford University Stanford CA 94305-2024
JACK N. RAKOVE William Robertson Coe Professor of History and American Studies Professor of Political Science and (by courtesy) of Law Stanford University Stanford CA 94305-2024 Office: Lane History Corner 117 (650) 723-4514, fax 725-0597 [email protected] EDUCATION: 1969-75 Harvard University; Ph.D. in History 1966-67 University of Edinburgh, Scotland 1964-68 Haverford College; A.B. with Honors in History EMPLOYMENT: 1980- Department of History, Stanford University; Assistant Professor 1980-82; Associate Professor 1982-90; Professor, 1990; William Robertson Coe Professor of History and American Studies, 1996-; Professor of Political Science 1996- ; Professor of Law (by courtesy), spring 1999, spring 2003, 2005- 1975-82 Department of History, Colgate University; Instructor, 1975-76; Assistant Professor 1976-80; Associate Professor with tenure 1980-82 (on leave) fall 2003 Visiting Professor, New York University School of Law spring 2011 Visiting Professor, Tel Aviv University School of Law AWARDS AND FELLOWSHIPS: Member, American Philosophical Society, 2007 Fellow, Center for Advanced Study in the Behavioral Sciences, 2006-2007 Doctor of Humane Letters, Barat College, 2002 President, Society for the History of the Early American Republic, 2002-2003 Member, American Antiquarian Society, 2000 Member, American Academy of Arts and Sciences, 1999 Society of the Cincinnati Book Prize, 1998 Pulitzer Prize in History, 1997 Fraunces Tavern Museum Book Award, 1997 Stanford Humanities Center, Faculty Fellowship, 1988-89, 2000-2001 National Endowment for the Humanities, Constitutional Fellowship, 1984-85 National Endowment for the Humanities, Summer Seminar Instructor, 1984 (College Teachers), 1987 (Law Professors) Project '87, research fellowship, 1982 National Endowment for the Humanities, Summer Stipend, 1977 Delancey K. -
Russell Kirk and the Rhetoric of Order Eric Grabowsky
Duquesne University Duquesne Scholarship Collection Electronic Theses and Dissertations Summer 2010 Russell Kirk and the Rhetoric of Order Eric Grabowsky Follow this and additional works at: https://dsc.duq.edu/etd Recommended Citation Grabowsky, E. (2010). Russell Kirk and the Rhetoric of Order (Doctoral dissertation, Duquesne University). Retrieved from https://dsc.duq.edu/etd/595 This Immediate Access is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Duquesne Scholarship Collection. For more information, please contact [email protected]. RUSSELL KIRK AND THE RHETORIC OF ORDER A Dissertation Submitted to the McAnulty College and Graduate School of Liberal Arts Duquesne University In partial fulfillment of the requirements for the degree of Doctor of Philosophy By Eric Grabowsky August 2010 Copyright by Eric Grabowsky 2010 RUSSELL KIRK AND THE RHETORIC OF ORDER By Eric Grabowsky Approved July 9, 2010 ________________________________ ________________________________ Dr. Janie M. Harden Fritz Dr. Calvin Troup Associate Professor, Department of Associate Professor, Department of Communication & Rhetorical Studies Communication & Rhetorical Studies (Dissertation Director) (First Reader) ________________________________ ________________________________ Dr. Richard Thames Dr. Ronald C. Arnett, Chair Associate Professor, Department of Department of Communication & Communication & Rhetorical Studies Rhetorical Studies (Second Reader) ________________________________ Dr. Christopher M. Duncan, Dean McAnulty College and Graduate School of Liberal Arts iii ABSTRACT RUSSELL KIRK AND THE RHETORIC OF ORDER By Eric Grabowsky August 2010 Dissertation supervised by Dr. Janie M. Harden Fritz The corpus of historically-minded “man of letters” and twentieth century leader among conservatives, Russell Amos Kirk, prompts one to reflect upon a realist rhetoric of order for conservative discourse in particular and public argumentation in general. -
Elizabeth Carrington and Female Intellectual Inheritance in the Early American Republic
W&M ScholarWorks Dissertations, Theses, and Masters Projects Theses, Dissertations, & Master Projects 2013 "Handing Down Remarkable and Interesting Circumstances": Elizabeth Carrington and Female Intellectual Inheritance in the Early American Republic Hannah Emily Bailey College of William & Mary - Arts & Sciences Follow this and additional works at: https://scholarworks.wm.edu/etd Part of the United States History Commons, and the Women's Studies Commons Recommended Citation Bailey, Hannah Emily, ""Handing Down Remarkable and Interesting Circumstances": Elizabeth Carrington and Female Intellectual Inheritance in the Early American Republic" (2013). Dissertations, Theses, and Masters Projects. Paper 1539626728. https://dx.doi.org/doi:10.21220/s2-9q36-4k39 This Thesis is brought to you for free and open access by the Theses, Dissertations, & Master Projects at W&M ScholarWorks. It has been accepted for inclusion in Dissertations, Theses, and Masters Projects by an authorized administrator of W&M ScholarWorks. For more information, please contact [email protected]. “Handing Down Remarkable and Interesting Circumstances”: Elizabeth Carrington and Female Intellectual Inheritance in the Early American Republic Hannah Emily Bailey North Prairie, W isconsin Bachelor of Arts, University of Wisconsin-Madison, 2010 A Thesis presented to the Graduate Faculty of the College of William and Mary in Candidacy for the Degree of Master of Arts Lyon G. Tyler Department of History, M.A./Ph.D. Program The College of William and Mary May, 2013 APPROVAL -
"The Jacksonian Reformation: Political Patronage and Republican Identity"
University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange Doctoral Dissertations Graduate School 8-2019 "The Jacksonian Reformation: Political Patronage and Republican Identity" Max Matherne University of Tennessee Follow this and additional works at: https://trace.tennessee.edu/utk_graddiss Recommended Citation Matherne, Max, ""The Jacksonian Reformation: Political Patronage and Republican Identity". " PhD diss., University of Tennessee, 2019. https://trace.tennessee.edu/utk_graddiss/5675 This Dissertation is brought to you for free and open access by the Graduate School at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Doctoral Dissertations by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. To the Graduate Council: I am submitting herewith a dissertation written by Max Matherne entitled ""The Jacksonian Reformation: Political Patronage and Republican Identity"." I have examined the final electronic copy of this dissertation for form and content and recommend that it be accepted in partial fulfillment of the equirr ements for the degree of Doctor of Philosophy, with a major in History. Daniel Feller, Major Professor We have read this dissertation and recommend its acceptance: Luke Harlow, Ernest Freeberg, Reeve Huston Accepted for the Council: Dixie L. Thompson Vice Provost and Dean of the Graduate School (Original signatures are on file with official studentecor r ds.) The Jacksonian Reformation: Political Patronage and Republican Identity A Dissertation Presented for the Doctor of Philosophy Degree The University of Tennessee, Knoxville Max Matherne August 2019 Dedicated to the memory of Joshua Stephen Hodge (1984-2019), a great historian and an even better friend. -
RIP FORREST Mcdonald
H-Law R.I.P. FORREST McDONALD (1927-2016) Discussion published by R. B. Bernstein on Monday, January 25, 2016 The prolific and controversial constitutional historian Forrest McDonald died of heart failure on 18 January 2016 in Tuscaloosa, Ala. He was 89. Born on 7 January 1927 in Orange, Texas, he was educated at the University of Texas, where he received his doctorate in 1955. Having taught at Brown (1959-1967) and Wayne State (1967-1976) Universities, he was best known as a faculty member at the University of Alabama, where he taught from 1976 until his retirement in 2002. His first book was his dissertation, LET THERE BE LIGHT: THE ELECTRIC UTILITY INDUSTRY IN WISCONSIN (Madison: American History Research Center, 1957). He followed that book with a biography of the controversial business magnate Samuel Insull (University of Chicago Press, 1962). But his second book, WE THE PEOPLE: THE ECONOMIC ORIGINS OF THE CONSTITUTION (University of Chicago Press, 1958), signaled a major shift in his research interests and scholarly priorities away from business and economic history. In that book, which became the first of a trilogy, he re-examined the findings of Charles A. Beard’s landmark 1913 study, AN ECONOMIC INTERPRETATION OF THE CONSTITUTION OF THE UNITED STATES, and refuted Beard’s thesis that holders of personalty influenced the making of the Constitution to protect their financial interests in that property; at the same time, McDonald showed the effects of three dozen kinds of financial interests on the making of the document. McDonald followed up WE THE PEOPLE with his 1965 study E PLURIBUS UNUM: THE FORMATION OF THE AMERICAN REPUBLIC (new edition, 1979, Liberty Fund), a narrative history that focused on the sectional and other political forces that shaped the creation of the Cosntitution and the government it authorized.