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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Bangs Bickford, Kenneth R. Bowling, and Helen E. Veit of the First Federal Congress Project for access to hitherto unpublished reports of the debates; Kenneth Bowling, Gerhard Casper, Richard Posner, and Richard Ross for invalu- able advice and encouragement; and Keith Garza for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). -
Congressional Reoord- House
.950 CONGRESSIONAL _REOORD- _HOUSE. JANUAR~ 11, Asst:- Surg. l\forton W. Bak~r to be a passed assistant sur PHILIPPINE TARIFF. geon in the Navy from the 10th·day of July, -1905, upon the com Mr. PAYNE. -Mr, Speaker, I move that the House resotve pletion of three years' service in his present grade. itself into the Committee of the Whole House on the state of Asst. Surg. James H. Holloway to be a passed assistant sur the Union for the further consideration of the bill H. R. 3, and geon in the Navy from the 26th day of September, 1905, upon the pending that I ask unanimous consent that general debate on completion of three years' service in his present grade. this bill be closed at the final rising of the committee on SatUr- Gunner Charles B. Babson t-o be a chief gunner in the Navy, day ·of this week. · · from the 27th day of April, 1904, baving completed six years' The SPEAKER. The gentleman from New York asks unani service, in accordance with the provisions of section 12 of the mous consent that general debate on House bill No. 3 be closed "Navy personnel act," approved March 3, 1899, as amended by ·SatUrday next at the adjournment of the House. · the act of April 27, 1904. Mr. UNDERWOOD. Mr. Speaker, I would like to ask the Carpenter Joseph M. Simms to be a chief carpenter in the gentleman from New York as to whether he has consulted with Navy :from the 6th day of June, 1905, upon the completion of Mr. -
Panama Canal B
• R.A.W. AIM ` Where is •Why did PANAMA? the U.S. build the Panama Canal? Legacy?? In his annual messages to Congress in 1904 and 1905, President Theodore Roosevelt expanded the Monroe Doctrine. The corollary stated that not only were the nations of the Western Hemisphere not open to colonization by European powers, but that the United States had the responsibility to preserve order and protect life and property in those countries. I. The Roosevelt Corollary to the Monroe Doctrine •TR believed that the U.S. could “intervene” in the affairs of South American countries if American interests were at stake. •The Policeman of the Western Hemisphere! II. The Big Stick Policy • “Speak softly and carry a big stick.” • Ask nicely but always have the threat of war! • TR would use the “Big Stick” in Columbia. •U.S. Navy = The Big Stick. III. The Panama Canal •Navy and merchant ships could move more quickly between the two oceans •By 1903, the U.S. gained the rights to resume construction •It would be under U.S. control but open to everyone • Born in the Panama Canal Zone 1936 • Coco Solo Naval Station • 2008 Presidential Candidate(Lost to President Obama) IV. American Influence in Panama •Roosevelt “encouraged” the Panamanians to revolt against Columbia for independence •Panama won and gave the U.S. a 99 year lease on a “canal zone” 10 miles wide V. What Impact did the Panama Canal have on the U.S.A.? •INCREASED TRADE •2 ocean navy LOCKS Panama City TODAY The opening of the waterway to world commerce on August 15, 1914, represented the realization of a heroic dream of over 400 years. -
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INCIDENTAL PROTECTION: AN EXAMINATION OF THE MORRILL TARIFF Jane Flaherty Thxa,c A&M University ABSTRACT Historians refer to the Morrill Tariff as the first statement of the nascent Republican party’s protectionist agenda, yet an analysis of the measure re veals that this enduring icon of historiography needs modification. Imple mented as a direct response to the fiscal crisis created by the Buchanan administration, the Morrill Tariff represents a bipartisan effort to augment federal revenue for a depleted Treasury. Both President James Buchanan and many of his Democratic colleagues in Congress urged revising the Tar iff of 1857 to arrest the growth of the federal deficit. However, the bitter rhetoric that accompanied the secession crisis has obscured the true nature of this short-lived, but important, revenue measure. An examination of the Morrill Tariff and the circumstances surrounding its passage demonstrate that it re-established the rates from the free trade Tariff of 1846 while pro viding incidental protection for select industries, a practice accepted, even advocated, by the Democratic party for over a decade. President Buchanan James Buchanan’s election to the presidency in 1856 proved a disappointing, if not disastrous, climax to an illustrious political career. He represented Pennsylvania in the House of Representatives from 1821-1831 and the Senate from 1834-1845. During his congressional career, he emerged as a leading, though never dynamic, spokesman for the Jacksonian Democratic principles of sound money, frugal government, and strict adherence to the Constitution. Though Buchanan served honorably in the Con gress, he distinguished himself through his foreign service as the minister to Russia from 1831-1833, secretary of state during the administration ofJames K. -
The Square Deal
Teddy Roosevelt - The Trust Buster Teddy Roosevelt was one American who believed a revolution was coming. He believed Wall Street financiers and powerful trust titans to be acting foolishly. He believed that large trusts and monopolies were harmful to the economy and especially to the consumer. While they were eating off fancy china on mahogany tables in marble dining rooms, the masses were roughing it. There seemed to be no limit to greed. If docking wages would increase profits, it was done. If higher railroad rates put more gold in their coffers, it was done. How much was enough, Roosevelt wondered? The President's weapon was the Sherman Antitrust Act, passed by Congress in 1890. This law declared illegal all combinations "in restraint of trade." For the first twelve years of its existence, the Sherman Act was a paper tiger. United States courts routinely sided with business when any enforcement of the Act was attempted. 1. What belief guided President Theodore Roosevelt’s efforts as a trustbuster? 2. What is a monopoly? Why are they harmful to the economy and to the consumer? 3. What piece of legislation did Roosevelt use to break up monopolies? The Square Deal The Square Deal was Roosevelt's domestic program formed on three basic ideas: conservation of natural resources, control of corporations, and consumer protection. In general, the Square Deal attacked plutocracy and bad trusts while simultaneously protecting businesses from the most extreme demands of organized labor. In contrast to his predecessor William McKinley, Roosevelt believed that such government action was necessary to mitigate social evil, and as president denounced “the representatives of predatory wealth” as guilty of “all forms of iniquity from the oppression of wage workers to defrauding the public." Trusts and monopolies became the primary target of Square Deal legislation. -
Time Line of the Progressive Era from the Idea of America™
Time Line of The Progressive Era From The Idea of America™ Date Event Description March 3, Pennsylvania Mine Following an 1869 fire in an Avondale mine that kills 110 1870 Safety Act of 1870 workers, Pennsylvania passes the country's first coal mine safety passed law, mandating that mines have an emergency exit and ventilation. November Woman’s Christian Barred from traditional politics, groups such as the Woman’s 1874 Temperance Christian Temperance Union (WCTU) allow women a public Union founded platform to participate in issues of the day. Under the leadership of Frances Willard, the WCTU supports a national Prohibition political party and, by 1890, counts 150,000 members. February 4, Interstate The Interstate Commerce Act creates the Interstate Commerce 1887 Commerce act Commission to address price-fixing in the railroad industry. The passed Act is amended over the years to monitor new forms of interstate transportation, such as buses and trucks. September Hull House opens Jane Addams establishes Hull House in Chicago as a 1889 in Chicago “settlement house” for the needy. Addams and her colleagues, such as Florence Kelley, dedicate themselves to safe housing in the inner city, and call on lawmakers to bring about reforms: ending child labor, instituting better factory working conditions, and compulsory education. In 1931, Addams is awarded the Nobel Peace Prize. November “White Caps” Led by Juan Jose Herrerra, the “White Caps” (Las Gorras 1889 released from Blancas) protest big business’s monopolization of land and prison resources in the New Mexico territory by destroying cattlemen’s fences. The group’s leaders gain popular support upon their release from prison in 1889. -
Congressional Record-House
1884. CONGRESSIONAL RECORD-HOUSE. 3871 ruay, in case of necessity, depute such clerks to act for him in his official capac should cease on the bill, and that the pending amendment and others ity ; but the shipping commissioner shall be held responsible for the a{lts of every such clerk or deputy, and will be personally liable for any penalties such clerk or to be offered shall then be voted on. deputy may incur by the violation of uny of the provisions of this title; and all :h1r. FRYE. I supposed that general debate had now ceased. I will acts done by a clerk as such deputy shall be as valid and binding as if done by ask that this bill be taken up for consideration to-morrow morning after the shipping commissioner. the morning business and that debate be limited to five minutes. Again: Mr. MORGAN. Ishallhavetoobjectto that. Ihaven4>texpressed EC. 4507. Every shipping commissioner shall lease, rent, or procure, at his any opinions on the bill, because the bill has not been in a shape that I own cost, suitable premises for the transaction of business, and for the preser vation of the books and other documents connected therewith; and these prem could gi•e my views of it properly. I shall be very brief in what I have ises shall be styled the shipping commissioner's office. to say, but I can not say it in five minutes. :h1r. CONGER. Now will the Senator read the last section but one ltlr. FRYE. I then ask unanimous consent that the bill be taken up in the act. -
Chapter 6: Federalists and Republicans, 1789-1816
Federalists and Republicans 1789–1816 Why It Matters In the first government under the Constitution, important new institutions included the cabinet, a system of federal courts, and a national bank. Political parties gradually developed from the different views of citizens in the Northeast, West, and South. The new government faced special challenges in foreign affairs, including the War of 1812 with Great Britain. The Impact Today During this period, fundamental policies of American government came into being. • Politicians set important precedents for the national government and for relations between the federal and state governments. For example, the idea of a presidential cabinet originated with George Washington and has been followed by every president since that time • President Washington’s caution against foreign involvement powerfully influenced American foreign policy. The American Vision Video The Chapter 6 video, “The Battle of New Orleans,” focuses on this important event of the War of 1812. 1804 • Lewis and Clark begin to explore and map 1798 Louisiana Territory 1789 • Alien and Sedition • Washington Acts introduced 1803 elected • Louisiana Purchase doubles president ▲ 1794 size of the nation Washington • Jay’s Treaty signed J. Adams Jefferson 1789–1797 ▲ 1797–1801 ▲ 1801–1809 ▲ ▲ 1790 1797 1804 ▼ ▼ ▼ ▼ 1793 1794 1805 • Louis XVI guillotined • Polish rebellion • British navy wins during French suppressed by Battle of Trafalgar Revolution Russians 1800 • Beethoven’s Symphony no. 1 written 208 Painter and President by J.L.G. Ferris 1812 • United States declares 1807 1811 war on Britain • Embargo Act blocks • Battle of Tippecanoe American trade with fought against Tecumseh 1814 Britain and France and his confederacy • Hartford Convention meets HISTORY Madison • Treaty of Ghent signed ▲ 1809–1817 ▲ ▲ ▲ Chapter Overview Visit the American Vision 1811 1818 Web site at tav.glencoe.com and click on Chapter ▼ ▼ ▼ Overviews—Chapter 6 to 1808 preview chapter information. -
GENERAL PHOTOGRAPHS File Subject Index
GENERAL PHOTOGRAPHS File Subject Index A (General) Abeokuta: the Alake of Abram, Morris B.: see A (General) Abruzzi: Duke of Absher, Franklin Roosevelt: see A (General) Adams, C.E.: see A (General) Adams, Charles, Dr. D.F., C.E., Laura Franklin Delano, Gladys, Dorothy Adams, Fred: see A (General) Adams, Frederick B. and Mrs. (Eilen W. Delano) Adams, Frederick B., Jr. Adams, William Adult Education Program Advertisements, Sears: see A (General) Advertising: Exhibits re: bill (1944) against false advertising Advertising: Seagram Distilleries Corporation Agresta, Fred Jr.: see A (General) Agriculture Agriculture: Cotton Production: Mexican Cotton Pickers Agriculture: Department of (photos by) Agriculture: Department of: Weather Bureau Agriculture: Dutchess County Agriculture: Farm Training Program Agriculture: Guayule Cultivation Agriculture: Holmes Foundry Company- Farm Plan, 1933 Agriculture: Land Sale Agriculture: Pig Slaughter Agriculture: Soil Conservation Agriculture: Surplus Commodities (Consumers' Guide) Aircraft (2) Aircraft, 1907- 1914 (2) Aircraft: Presidential Aircraft: World War II: see World War II: Aircraft Airmail Akihito, Crown Prince of Japan: Visit to Hyde Park, NY Akin, David Akiyama, Kunia: see A (General) Alabama Alaska Alaska, Matanuska Valley Albemarle Island Albert, Medora: see A (General) Albright, Catherine Isabelle: see A (General) Albright, Edward (Minister to Finland) Albright, Ethel Marie: see A (General) Albright, Joe Emma: see A (General) Alcantara, Heitormelo: see A (General) Alderson, Wrae: see A (General) Aldine, Charles: see A (General) Aldrich, Richard and Mrs. Margaret Chanler Alexander (son of Charles and Belva Alexander): see A (General) Alexander, John H. Alexitch, Vladimir Joseph Alford, Bradford: see A (General) Allen, Mrs. Idella: see A (General) 2 Allen, Mrs. Mary E.: see A (General) Allen, R.C. -
American Federalism: More Than Two Centuries of Political Tension
CHAPTER ONE American Federalism: More Than Two Centuries of Political Tension efore one explores the components and particulars of the BConnecticut polity, it is important to first discuss the features of American federalism, as well as the ongoing tension between federal and state authority throughout the course of American history. This general overview should demonstrate the centrality of state governments within the context of the American federal system, and why this work has special relevance in the twenty-first century. One of the bedrock principles of the United States Constitution is that the power of government should be limited and restrained. Heavily influenced by the writings of classical liberal philosophers, most notably the English philosopher John Locke (1632-1704), the Founding Fathers devised an ingenious constitutional system in which power would never be concentrated in one branch or one level of government.1 Limited government was viewed as a prerequisite to individual liberty and more generally the preservation of the newly- formed republic. The Founding Fathers’ deep belief in a system of limited government is clearly reflected in the principle known as federalism. Drafted during a swelteringly hot summer in Philadelphia more than two hundred years ago, the Constitution of the United States established a governing system in which power would be divided between two levels of government, national and state. The principle of federalism is among the several distinguishing features of the American constitutional framework. 2 AMERICAN FEDERALISM Federalism and Divided Power The Constitution, written in response to the failure of the Articles of Confederation (1781-88), provides the national govern- ment with both enumerated and implied powers. -
Congressional Record- Senate. July 28, \' -Senate
\ \ 2806 CONGRESSIONAL RECORD- SENATE. JULY 28, \' -SENATE. A bill (S. 2837) granting a pension to Matilda Robertson (with accompanying paper); to the Committee on Pensions. MoNDAY, July ~8, 1913. By .Mr. McLEAN : Prayer by the Chaplain, Rev. Forrest J. Prettyman, D. D. A bill (S. 2838) granting an increase of pension to Ruth El. The VICE PRESIDENT resumed the chair. Putnam (with accompanying paper) ; and The Journal of the proceedings of Saturday last was read and A bill ( S. 2 39) granting an increase of pension to Theodore C. approved. Bates (with accompanying paper); to the Committee on Pensions. By Mr. PO~lERENE: SENATOR FROM GEORGI.A.. A bill ( S. 2840) for the relief of Edgar R. Kellogg; and The VICE PRESIDENT laid before the Senate a certificate A bill (S. 2841) for the relief of the estate of Francis El, from the governor of Georgia certifying the election of Hon. Lacey ; to the Committee on Claims. AUGUSTUS 0. BACON as a Senator from the State of Georgia, By Mr. SHIELDS: _ which was read and ordered to be filed, as follows: A bill ( S. 2842) to reimburse Jetta Lee, late postmaster STATE OF GEORGIA, at Newport, Tenn., for key funds stolen from post office (with EXECUTIVE DEPAJlTMENT, accompanying paper) ; to the Committee on Claims. Atlanta, July 25, 191S. To the President of the Senate of the UnUea States: THE .MODERN BY-PRODUOT COKE OVEN (S. DOC. NO. 145). This is to certify that at an election held pursuant to law in the l\I~·· BANKHEAD. I ask unanimous consent to have printed State of Georgia on the 15th day of July, 1913, by the electors in said State. -
The Roles of George Perkins and Frank Munsey in the Progressive
“A Progressive Conservative”: The Roles of George Perkins and Frank Munsey in the Progressive Party Campaign of 1912 A thesis submitted by Marena Cole in partial fulfillment of the requirements for the degree of Master of Arts in History Tufts University May 2017 Adviser: Reed Ueda Abstract The election of 1912 was a contest between four parties. Among them was the Progressive Party, a movement begun by former president Theodore Roosevelt. George Perkins and Frank Munsey, two wealthy businessmen with interests in business policy and reform, provided the bulk of the Progressive Party’s funding and proved crucial to its operations. This stirred up considerable controversy, particularly amongst the party’s radical wing. One Progressive, Amos Pinchot, would later say that the two corrupted and destroyed the movement. While Pinchot’s charge is too severe, particularly given the support Perkins and Munsey had from Roosevelt, the two did push the Progressive Party to adopt a softer program on antitrust regulation and enforcement of the Sherman Antitrust Act. The Progressive Party’s official position on antitrust and the Sherman Act, as shaped by Munsey and Perkins, would cause internal ideological schisms within the party that would ultimately contribute to the party’s dissolution. ii Acknowledgements This thesis finalizes my time at the Tufts University Graduate School of Arts and Sciences, which has been a tremendously challenging and fulfilling place to study. I would first like to thank those faculty at Boston College who helped me find my way to Tufts. I have tremendous gratitude to Lori Harrison-Kahan, who patiently guided me through my first experiences with archival research.