A Concise Guide to the Articles of Confederation As a Source for Determining the Original Meaning of the Constitution
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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 ..................................... -
Richatd Henry Lee 0Az-1Ts4l Although He Is Not Considered the Father of Our Country, Richard Henry Lee in Many Respects Was a Chief Architect of It
rl Name Class Date , BTocRAPHY Acrtvrry 2 Richatd Henry Lee 0az-1ts4l Although he is not considered the father of our country, Richard Henry Lee in many respects was a chief architect of it. As a member of the Continental Congress, Lee introduced a resolution stating that "These United Colonies are, and of right ought to be, free and independent States." Lee's resolution led the Congress to commission the Declaration of Independence and forever shaped U.S. history. Lee was born to a wealthy family in Virginia and educated at one of the finest schools in England. Following his return to America, Lee served as a justice of the peace for Westmoreland County, Virginia, in 1757. The following year, he entered Virginia's House of Burgesses. Richard Henry Lee For much of that time, however, Lee was a quiet and almost indifferent member of political connections with Britain be Virginia's state legislature. That changed "totaIIy dissolved." The second called in 1765, when Lee joined Patrick Henry for creating ties with foreign countries. in a spirited debate opposing the Stamp The third resolution called for forming a c Act. Lee also spoke out against the confederation of American colonies. John .o c Townshend Acts and worked establish o to Adams, a deiegate from Massachusetts, o- E committees of correspondence that seconded Lee's resolution. A Declaration o U supported cooperation between American of Independence was quickly drafted. =3 colonies. 6 Loyalty to Uirginia An Active Patriot Despite his support for the o colonies' F When tensions with Britain increased, separation from Britain, Lee cautioned ! o the colonies organized the Continental against a strong national government. -
Tribal-State Relations
ISSUE BRIEF August 2012 Tribal-State Relations What’s Inside: • Key factors affecting The United States Congress and Tribal governments Tribal-State relations in have articulated the importance of protecting the safety, child welfare permanency, and well-being of American Indian and Alaska • Components of Native children. Through the Indian Child Welfare Act (ICWA) successful Tribal-State of 1978, Congress stated that there is “no resource that is relations more vital to the continued existence and integrity of Indian tribes than their children” (25 U.S.C. Sec. 1901). • Promising practices in Tribal-State relations This brief is intended to help States, Tribes, and related from across the country jurisdictions find ways to work together more effectively to • Conclusion meet the goals of ICWA. • Resources Child Welfare Information Gateway Children’s Bureau/ACYF 1250 Maryland Avenue, SW Eighth Floor Washington, DC 20024 800.394.3366 Email: [email protected] Use your smartphone to http://www.childwelfare.gov access this issue brief online. Tribal-State Relations http://www.childwelfare.gov • State jurisdiction over Tribal affairs, for Key Factors Affecting Tribal- instance, through Public Law 280 (P.L. 280), initially enacted in 1953 in six “mandatory” State Relations in Child Welfare States and other “optional” States in 1968 that elected to assume full or partial State jurisdiction on Indian reservations, and Tribal child welfare has had a particularly eliminating Federal jurisdiction for Indian poignant history in the past century. Country (Gardner & Melton, n.d.) Thousands of Indian children were forcibly removed from their homes, families, and • Tribal-State disagreements, especially those Tribes and placed in boarding schools where that end up in court and result in a “winner” a policy of assimilation left them unable to and a “loser” speak their Native language or participate • Availability of funding for child welfare in their Native culture. -
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 ................ -
Originalism and the Ratification of the Fourteenth Amendment
Copyright 2013 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 107, No. 4 ORIGINALISM AND THE RATIFICATION OF THE FOURTEENTH AMENDMENT Thomas B. Colby ABSTRACT—Originalists have traditionally based the normative case for originalism primarily on principles of popular sovereignty: the Constitution owes its legitimacy as higher law to the fact that it was ratified by the American people through a supermajoritarian process. As such, it must be interpreted according to the original meaning that it had at the time of ratification. To give it another meaning today is to allow judges to enforce a legal rule that was never actually embraced and enacted by the people. Whatever the merits of this argument in general, it faces particular hurdles when applied to the Fourteenth Amendment. The Fourteenth Amendment was a purely partisan measure, drafted and enacted entirely by Republicans in a rump Reconstruction Congress in which the Southern states were denied representation; it would never have made it through Congress had all of the elected Senators and Representatives been permitted to vote. And it was ratified not by the collective assent of the American people, but rather at gunpoint. The Southern states had been placed under military rule, and were forced to ratify the Amendment—which they despised—as a condition of ending military occupation and rejoining the Union. The Amendment can therefore claim no warrant to democratic legitimacy through original popular sovereignty. It was added to the Constitution despite its open failure to obtain the support of the necessary supermajority of the American people. -
An Historical Account of the Old State House of Pennsylvania Now Known
r-He weLL read mason li""-I:~I=-•I cl••'ILei,=:-,•• Dear Reader, This book was referenced in one of the 185 issues of 'The Builder' Magazine which was published between January 1915 and May 1930. To celebrate the centennial of this publication, the Pictoumasons website presents a complete set of indexed issues of the magazine. As far as the editor was able to, books which were suggested to the reader have been searched for on the internet and included in 'The Builder' library.' This is a book that was preserved for generations on library shelves before it was carefully scanned by one of several organizations as part of a project to make the world's books discoverable online. Wherever possible, the source and original scanner identification has been retained. Only blank pages have been removed and this header- page added. The original book has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books belong to the public and 'pictoumasons' makes no claim of ownership to any of the books in this library; we are merely their custodians. Often, marks, notations and other marginalia present in the original volume will appear in these files – a reminder of this book's long journey from the publisher to a library and finally to you. Since you are reading this book now, you can probably also keep a copy of it on your computer, so we ask you to Keep it legal. -
Introducing America
CHAPTER 1 INTRODUCING AMERICA (PRE-1754) PAGES SAMPLE CHAPTER OVERVIEW PAGES SAMPLE PAGES SAMPLE INTRODUCTION The story of the United States began in Europe, with competition among imperial powers to settle the great landmass of North America. From the 1500s onwards the wealthy but land-strapped kingdoms of Europe – England, France, Spain, Holland and Portugal – became aware of the economic and strategic potential of this bountiful new continent across the Atlantic. Explorers, settlers, conquistadors,1 captains, merchants and speculators braved perilous sea voyages into the unknown to plant their flag in a land they knew little about. By the late 1600s, several European powers had claimed their own piece of North America, leading to territorial competition and nationalist tensions. For a time it seemed as if this ‘new world’ might develop as a mirror of the old, divided Europe. Arguably the strongest of these imperial powers was Great Britain. Britain’s African American slave military strength, naval dominance and mastery of trade gave it the edge in being sold. matters of empire; this was reflected in the claim that ‘Britons … never will be slaves!’2 in the popular anthem Rule, Britannia! The true purpose of British imperialism, however, was not to conquer or rule but to make money. London maintained the colonies as a valuable source of raw materials and a market for manufactured products. Most imperial legislation was therefore concerned with the regulation of trade. By the mid-1760s, British America had evolved into a remarkably independent colonial system. Under a broad policy of ‘salutary A questionable neglect’, each of the thirteen colonies had become used to a significant degree representation of of self-government. -
Amending the U.S. Constitution by State-Led Convention
AMENDING THE U.S. CONstItutION BY StatE -LED CONVENTION INDIANA’S MODEL LEGIslatION DIstRIbutED BY: INDIANA SENatE PRESIDENT PRO TEMPORE DAVID LONG AMENDING THE CONSTITUTION BY STATE‐LED CONVENTION: BACKGROUND INFORMATION U.S. CONSTITUTION, ARTICLE V: The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. AMENDING THE U.S. CONSTITUTION: Article V of the U.S. Constitution provides two paths for amending the Constitution: Path 1: o Step 1: Two-thirds of both houses of Congress pass a proposed constitutional amendment. This sends the proposed amendment to the states for ratification. o Step 2: Three-fourths of the states (38 states) ratify the proposed amendment, either by their legislatures or special ratifying conventions. Path 2: o Step 1: Two-thirds of state legislatures (34 states) ask for Congress to call “a convention for proposing amendments.” o Step 2: States send delegates to this convention, where they can propose amendments to the Constitution. -
The Constitution of the United States [PDF]
THE CONSTITUTION oftheUnitedStates NATIONAL CONSTITUTION CENTER We the People of the United States, in Order to form a within three Years after the fi rst Meeting of the Congress more perfect Union, establish Justice, insure domestic of the United States, and within every subsequent Term of Tranquility, provide for the common defence, promote ten Years, in such Manner as they shall by Law direct. The the general Welfare, and secure the Blessings of Liberty to Number of Representatives shall not exceed one for every ourselves and our Posterity, do ordain and establish this thirty Thousand, but each State shall have at Least one Constitution for the United States of America. Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut fi ve, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland Article.I. six, Virginia ten, North Carolina fi ve, South Carolina fi ve, and Georgia three. SECTION. 1. When vacancies happen in the Representation from any All legislative Powers herein granted shall be vested in a State, the Executive Authority thereof shall issue Writs of Congress of the United States, which shall consist of a Sen- Election to fi ll such Vacancies. ate and House of Representatives. The House of Representatives shall chuse their SECTION. 2. Speaker and other Offi cers; and shall have the sole Power of Impeachment. The House of Representatives shall be composed of Mem- bers chosen every second Year by the People of the several SECTION. -
The Soul of America by Jon Meacham
The Soul of America By Jon Meacham Answer the following: Chapter 1 (pg. 23-47) 1. What is the difference between The First Charter of Virginia (1606) and A Model of Christian Charity (1630)? How do each represent a contradiction? Pg. 23-24 2. How is Abraham Lincoln an example of “…birth mattered less than it ever had before…” when it came to the American dream of wealth & happiness. Pg. 24 3. Starting on page 24 and continuing through page 27, Meacham explains why the American presidency is important to the American experience. Give an example of why this is so. Also explain how the competing views of Thomas Paine’s Common Sense and practical experience of the Revolutionary War and Confederation period shaped thoughts on government. 4. What fundamental role did president Lyndon Johnson want to accomplish as President? Pg. 27 5. How did Alexander Hamilton curtail his enthusiasm over the role of the President in two of his Federalist essays? Pg. 27-28 6. What began to change in regard to political power by the time of Andrew Jackson’s presidency? Give some examples of how Jackson was “the most contradictory of men”. Pg. 29-31 7. Give examples of how Abraham Lincoln further changed the role of the president by expanded on the ideals of both Jefferson & Jackson, especially after is Gettysburg Address. Pg. 31-32 8. How does Theodore Roosevelt, Woodrow Wilson and Franklin Delano Roosevelt begin to further define the role of the presidency? Pg. 35-40 Chapter 2 (pg. 51-69) 9. After the Civil War, how did the South try to reimagine the purpose of the war in their terms? Why is this a false narrative of the events? Pg. -
The United States and the Articles of Confederation: Drifting Toward Anarchy Or Inching Toward Commonwealth?*
The United States and the Articles of Confederation: Drifting Toward Anarchy or Inching Toward Commonwealth?* On June 7, 1776, Richard Henry Lee proposed to the Second Con- tinental Congress "[t]hat these United Colonies are, and of right ought to be, free and independent States," and "[t]hat a plan of confederation be prepared and transmitted to the respective Colonies for their con- sideration and approbation."' Lee's resolution reflected the linkage between independence and confederation in the public mind.2 The result was the Articles of Confederation, drafted in 1776-1777 and fi- nally ratified on March 1, 1781, which remained in effect until 1789 and represented the first American experiment with a written na- tional charter.3 The conventional view of this period is that it was dominated by deep factional conflict concerning the amount of power that should be vested in the national government. 4 The text of the Articles, ac- cording to this view, represented a victory for the group favoring minimal national authority, 5 and as a result the Articles government * The author acknowledges with gratitude the assistancc of Professor William E. Nelson of the Yale Law School in providing critical guidance and granting permission to make use of unpublished research materials. 1. 5 JOURNALS OF THE CONTINENTAL CONGRESS 425 (W. Ford ed. 1906) [hereinafter cited without cross-reference as JOURNALS]. 2. See NEw JERSEY IN THE AMERICAN REVOLUTION, 1763-1783: A DOCUMENT.ARY HISTORY 402 (L. Gerlach ed. 1975) (issues of independence and confederation were inseparable) [hereinafter cited as DOCUIENTARY HISTORY]; cf. Jensen, The Articles of Confederation, in FUNDAMENTAL TESTAMENTS OF TilE AMERICAN RLvoI.UTIoN 62 (Library of Congress Sym- posium on the American Revolution 1973) (politicians who opposed confederation did so because they saw it as step toward independence) [hereinafter cited as Jensen, TESTA ENTS].