Define Articles of Confederation
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War and the Constitutional Text John C
War and the Constitutional Text John C. Yoo∗ In a series of articles, I have criticized the view that the original under- standing of the Constitution requires that Congress provide its authorization before the United States can engage in military hostilities.1 This “pro- Congress” position ignores the constitutional text and structure, errs in in- terpreting the ratification history of the Constitution, and cannot account for the practice of the three branches of government. Instead of the rigid proc- ess advocated by scholars such as Louis Henkin, John Hart Ely, Louis Fisher, Michael Glennon, and Harold Koh,2 I have argued that the Constitu- tion creates a flexible system of war powers. That system provides the president with significant initiative as commander-in-chief, while reserving to Congress ample authority to check executive policy through its power of the purse. In this scheme, the Declare War Clause confers on Congress a ju- ridical power, one that both defines the state of international legal relations ∗ Professor of Law, University of California at Berkeley School of Law (Boalt Hall) (on leave); Deputy Assistant Attorney General, Office of Legal Counsel, United States Department of Justice. The views expressed here are those of the author alone and do not represent the views of the Department of Justice. I express my deep appreciation for the advice and assistance of James C. Ho in preparing this response. Robert Delahunty, Jack Goldsmith, and Sai Prakash provided helpful comments on the draft. 1 See John C. Yoo, Kosovo, War Powers, and the Multilateral Future, 148 U Pa L Rev 1673, 1686–1704 (2000) (discussing the original understanding of war powers in the context of the Kosovo conflict); John C. -
Prince Edward Island and Confederation 1863-1873
CCHA, Report, 28 (1961), 25-30 Prince Edward Island and Confederation 1863-1873 Francis William Pius BOLGER, Ph.D. St. Dunstan’s University, Charlottetown The idea of Confederation did not receive serious consideration in Prince Edward Island prior to the year 1863. Ten more years elapsed before the subject of union with the British North American Colonies moved into the non-academic and practical sphere. The position of the Island in the Confederation negotiations illustrated in large measure the characteristics of its politics and its attitude to distant administrations. This attitude might best be described simply as a policy of exclusiveness. The history of the Confederation negotiations in Prince Edward Island consisted of the interplay of British, Canadian, and Maritime influences upon this policy. It is the purpose of this paper to tell the story of Confederation in Prince Edward Island from 1863 to 1873. The policy of exclusiveness, which characterized Prince Erward Island’s attitude to Confederation, was clearly revealed in the political arena. The Islanders had a profound respect for local self-government. They enjoyed their political independence, particularly after the attainment of responsible government in 1851, and did not wish to see a reduction in the significance of their local institutions. They realized, moreover, that they would have an insignificant voice in a centralized legislature, and as a result they feared that their local needs would be disregarded. Finally, previous frustrating experience with the Imperial government with respect to the settlement of the land question on the Island had taught the Islanders that it was extremely hazardous to trust the management of local problems to distant and possibly unsympathetic administrations. -
American Organic Law and Government. Form #11.217
American Organic Law By: Freddy Freeman American Organic Law 1 of 247 Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form #11.217, Rev. 12/12/2017 EXHIBIT:___________ Revisions Notes Updates to this release include the following: 1) Added a new section titled “From Colonies to Sovereign States.” 2) Improved the analysis on Declaration of Independence, which now covers the last half of the document. 3) Improved the section titled “Citizens Under the Articles of Confederation” 4) Improved the section titled “Art. I:8:17 – Grant of Power to Exercise Exclusive Legislation.” This new and improved write-up presents proof that the States of the United States Union were created under Article I Section 8 Clause 17 and consist exclusively of territory owned by the United States of America. 5) Improved the section titled “Citizenship in the United States of America Confederacy.” 6) Added the section titled “Constitution versus Statutory citizens of the United States.” 7) Rewrote and renamed the section titled “Erroneous Interpretations of the 14th Amendment Citizens of the United States.” This updated section proves why it is erroneous to interpret the 14th Amendment “citizens of the United States” as being a citizenry which in not domiciled on federal land. 8) Added a new section titled “the States, State Constitutions, and State Governments.” This new section includes a detailed analysis of the 1849 Constitution of the State of California. Much of this analysis applies to all of the State Constitutions. American Organic Law 3 of 247 Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form #11.217, Rev. -
How Bad Were the Official Records of the Federal Convention?
How Bad Were the Official Records of the Federal Convention? Mary Sarah Bilder* ABSTRACT The official records of the ConstitutionalConvention of 1787 have been neglected and dismissed by scholars for the last century, largely to due to Max Farrand'scriticisms of both the records and the man responsible for keeping them-Secretary of the Convention William Jackson. This Article disagrees with Farrand'sconclusion that the Convention records were bad, and aims to resurrect the records and Jackson's reputation. The Article suggests that the endurance of Farrand'scritique arises in part from misinterpretationsof cer- tain proceduralcomponents of the Convention and failure to appreciate the significance of others, understandable consideringthe inaccessibility of the of- ficial records. The Article also describes the story of the records after the Con- vention but before they were published, including the physical limbo of the records in the aftermath of the Convention and the eventual deposit of the records in March 1796 amidst the rapid development of disagreements over constitutional interpretation. Finally, the Article offers a few cautionary re- flections about the lessons to be drawn from the official records. Particularly, it recommends using caution with Max Farrand's records, paying increased attention to the procedural context of the Convention, and recognizing that Constitutionalinterpretation postdated the Constitution. TABLE OF CONTENTS INTRODUCTION ................................................... 1621 A NOTE ON THE RECORDS ..................................... -
What Was the Iroquois Confederacy?
04 AB6 Ch 4.11 4/2/08 11:22 AM Page 82 What was the 4 Iroquois Confederacy? Chapter Focus Questions •What was the social structure of Iroquois society? •What opportunities did people have to participate in decision making? •What were the ideas behind the government of the Iroquois Confederacy? The last chapter explored the government of ancient Athens. This chapter explores another government with deep roots in history: the Iroquois Confederacy. The Iroquois Confederacy formed hundreds of years ago in North America — long before Europeans first arrived here. The structure and principles of its government influenced the government that the United States eventually established. The Confederacy united five, and later six, separate nations. It had clear rules and procedures for making decisions through representatives and consensus. It reflected respect for diversity and a belief in the equality of people. Pause The image on the side of this page represents the Iroquois Confederacy and its five original member nations. It is a symbol as old as the Confederacy itself. Why do you think this symbol is still honoured in Iroquois society? 82 04 AB6 Ch 4.11 4/2/08 11:22 AM Page 83 What are we learning in this chapter? Iroquois versus Haudenosaunee This chapter explores the social structure of Iroquois There are two names for society, which showed particular respect for women and the Iroquois people today: for people of other cultures. Iroquois (ear-o-kwa) and Haudenosaunee It also explores the structure and processes of Iroquois (how-den-o-show-nee). government. Think back to Chapter 3, where you saw how Iroquois is a name that the social structure of ancient Athens determined the way dates from the fur trade people participated in its government. -
Splitting Sovereignty: the Legislative Power and the Constitution's Federation of Independent States
Splitting Sovereignty: The Legislative Power and the Constitution's Federation of Independent States JAMES T. KNIGHT II* ABSTRACT From the moment the Constitutional Convention of 1787 ended and the Framers presented their plan to ªform a more perfect Union,º people have debated what form of government that union established. Had the thirteen sepa- rate states surrendered their independence to form a new state stretching from New England to Georgia, or was their individual sovereignty preserved as in the Articles of Confederation? If the states remained sovereign in some respect, what did that mean for the new national government? I propose that the original Constitution would have been viewed as establish- ing a federation of independent, sovereign states. The new federation possessed certain limited powers delegated to it by the states, but it lacked a broad power to legislate for the general welfare and the protection of individual rights. This power, termed ªthe legislative powerº by Enlightenment thinkers, was viewed as the essential, identifying power of a sovereign state under the theoretical framework of eighteenth-century political philosophy. The state constitutions adopted prior to the national Constitutional Convention universally gave their governments this broad legislative power rather than enumerate speci®c areas where the government could legislate. Of the constitutional documents adopted prior to the federal Constitution, only the Articles of Confederation provides such an enumeration. In this note, I argue that, against the background of political theory and con- stitutional precedent, a government lacking the full legislative power would not have been viewed as sovereign in its own right. -
The 2017 ITUC Global Rights Index the WORLD's WORST
THE WORLD'S WORST COUNTRIES FOR WORKERS The 2017 ITUC Global Rights Index | 4 The International Trade Union Confederation (ITUC) is a confederation of national trade union centres, each of which links trade unions of that particular country. It was established on 1 November 2006, bringing together the organisations which were formerly affiliated to the ICFTU and WCL (both now dissolved) as well as a number of national trade union centres which had no international affiliation at the time. The new Confederation has 340 affiliated organisations in 163 countries and territories on all five continents, with a membership of 181 million, 40 per cent of whom are women. It is also a partner in “Global Unions” together with the Trade Union Advisory Committee to the OECD and the Global Union Federations (GUFs) which link together national unions from a particular trade or industry at international level. The ITUC has specialised offices in a number of countries around the world, and has General Consultative Status with the Economic and Social Council of the United Nations. The 2017 ITUC Global Rights Index | 6 Foreword .............................................9 ASIA .................................................. 70 Bangladesh ....................................... 71 Part I ..................................................13 Cambodia .......................................... 71 The 2017 Results ...............................14 China ................................................ 72 The ITUC Global Rights Index ...............19 Fiji -
The Evolution from a Legislative Toward a Judicial Model of Payment, 45 La
Louisiana Law Review Volume 45 | Number 3 The 1984 Revision of the Louisiana Civil Code's Articles on Obligations - A Student Symposium January 1985 The iH story of Claims Against the United States: The volutE ion from a Legislative Toward a Judicial Model of Payment Floyd D. Shimomura Repository Citation Floyd D. Shimomura, The History of Claims Against the United States: The Evolution from a Legislative Toward a Judicial Model of Payment, 45 La. L. Rev. (1985) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol45/iss3/1 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. THE HISTORY OF CLAIMS AGAINST THE UNITED STATES: THE EVOLUTION FROM A LEGISLATIVE TOWARD A JUDICIAL MODEL OF PAYMENT Floyd D. Shimomura* TABLE OF CONTENTS Page INTRODUCTION ......................................... 626 I. THE "LEGISLATIVE MODEL" (Colonial Period-Civil W ar) ............................................. 627 A. Development-The Colonial Legislative Tradition 627 1. The Seventeenth Century ................... 627 2. The Eighteenth Century .................... 630 3. Articles of Confederation (1781-1789) ....... 634 B. Triumph-Congress over Court in the Early R epublic ..................................... 637 1. Early Struggle (1789-1794) .................. 637 2. Congressional Adjudication (1794-1838) ...... 643 C. Decline-Inundation of Congress by Claims ..... 648 1. Dissatisfaction (1838-1855) .................. 648 2. Advisory Court (1855-1860) ................. 651 It. THE "HYBRID MODEL" (Civil War-World War 653 II). ................................. ............. A. Development-Congress Seeks Court Assistance.. 654 1. Congressional Request (1860-1863) ......... -
Idaho Room Books by Date
Boise Public Library - Idaho Room Books 2020 Trails of the Frank Church-River of No Return Wilderness Fuller, Margaret, 1935- 2020 Skiing Sun Valley : a history from Union Pacific to the Holdings Lundin John W. 2020 Sky Ranch : living on a remote ranch in Idaho Phelps, Bobbi, author. 2020 Tales and tails : a story runs through it : anthologies and previously Kleffner, Flip, author. 2020 little known fishing facts Symbols signs and songs Just, Rick, author. 2020 Sun Valley, Ketchum, and the Wood River Valley Lundin, John W. 2020 Anything Will Be Easy after This : A Western Identity Crisis Maile, Bethany, author. 2020 The Boise bucket list : 101 ways to explore the City of Trees DeJesus, Diana C, author. 2020 An eye for injustice : Robert C. Sims and Minidoka 2020 Betty the Washwoman : 2021 calendar. 2020 Best easy day hikes, Boise Bartley, Natalie L. 2020 The Castlewood Laboratory at Libuyu School : a team joins together O'Hara, Rich, author. 2020 Apple : writers in the attic Writers in the Attic (Contest) (2020), 2020 author. The flows : hidden wonders of Craters of the Moon National Boe, Roger, photographer. 2020 Monument and Preserve Educating : a memoir Westover, LaRee, author. 2020 Ghosts of Coeur d'Alene and the Silver Valley Cuyle, Deborah. 2020 Eat what we sow cook book 2020 5 kids on wild trails : a memoir Fuller, Margaret, 1935- 2020 Good time girls of the Rocky Mountains : a red-light history of Collins, Jan MacKell, 1962- 2020 Montana, Idaho, and Wyoming 100 Treasure Valley pollinator plants. 2020 A hundred little pieces on the end of the world Rember, John, author. -
The Delegation of Federal Power to International Organizations: New Problems with Old Solutions, 85 Minn
Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Hofstra Law Faculty Scholarship 2000 The elegD ation of Federal Power to International Organizations: New Problems with Old Solutions Julian G. Ku Maurice A. Deane School of Law at Hofstra University Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship Recommended Citation Julian G. Ku, The Delegation of Federal Power to International Organizations: New Problems with Old Solutions, 85 Minn. L. Rev. 71 (2000) Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/591 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Faculty Scholarship by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. The Delegation of Federal Power to International Organizations: New Problems with Old Solutions Julian G. Kut ITihe World Trade Organization exercises a supranational authority in conflict with our forefathers' vision of an America forever sovereign and independent. -Patrick J. Buchanan' [The American people] see the UN aspiring to establish itself as the central authority of a new international order of global laws and global governance. This is an international order the American people will not countenance. 2 -Senator Jesse Helms It is tempting to brush off such concerns about the growing power of international organizations like the World Trade Organization (WTO) and United Nations (UN) as demagogic and paranoid. At the core of their concerns is a conviction that some large measure of power and authority held by the United States government has been impermissibly transferred to remote and unaccountable international organizations in violation of basic constitutional principles or American "sovereignty." Messrs. -
The Modern Concept of Confederation Santorini, 22
Santorini 22 – 25 September 1994 CDL-STD(1994)011 Or. Engl. Science and technique of democracy No. 11 EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) The modern concept of confederation Santorini, 22-25 September 1994 TABLE OF CONTENTS Opening session ..................................................Error! Bookmark not defined. Introductory statement by Mr Constantin ECONOMIDES ..................................................... 3 Historical Aspects ...........................................................................................5 Conceptual Aspects .......................................................................................39 a. The classical notions of a confederation and of a federal state - Report by Professor Giorgio MALINVERNI ................................................... 39 b. The modern concept of confederation - Report by Gérald- A. BEAUDOIN .......................................................................................................... 56 c. Towards a new concept of confederation - Report by Professor Murray FORSYTH ..................................................................................... 64 d. A new concept of confederation - Intervention by Mr Maarten Theo JANS ................................................................................................... 76 Examples of present and possible applications ................................................77 a. International and constitutional law aspects of the preliminary agreement concerning the establishment -
The Historical Experience of Federalism in East Central Europe
The Historical Experience of Federalism in East Central Europe Vojtech Mastny The prospect of the admission of the formerly communist countries of East Central Europe into the European Union has cast the historical experience of the peoples of the area with federalism into a new and potentially disturbing light. How well has that experience prepared them for membership in the 20th century’s most successful confederation and likely the centerpiece of the emerging post-Cold War international order on the Continent? In particular, how has the fate and impact of federalist ideas and institutions in the region influenced the candidates’ readiness to enter an interstate structure which requires from its members a substantial surrender of sovereignty? And how has their historical experience shaped their aptitude at the kind of international cooperation that is indispensable to keep the EU functioning? In assessing the record of federalism in East Central Europe, too narrow a definition of the term ought to be resisted. The primary subject of this inquiry is interstate federalism, which is distinguished from the intrastate variety by both its motives and its thrust; rather than to curb the excesses of centralism and state power, it aims to contain nationalism and prevent international anarchy. Yet the overwhelming majority of the historical antecedents have been federations as vehicles for the assertion of group rights within states rather than for the preservation of peace between states. Downgrading the importance of the former in favor of the latter would result in a badly distorted picture. Rightly or wrongly, the distinction between the two types of union - federation (Bundesstaat) and confederation (Staatenbund) - has often been blurred in peoples’ minds.