In Defense of Thomas Digges
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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 ................ -
Who Was George Washington?
Book Notes: Reading in the Time of Coronavirus By Jefferson Scholar-in-Residence Dr. Andrew Roth Who was George Washington? ** What could be controversial about George Washington? Well, you might be surprised. The recently issued 1776 Project Report [1] describes him as a peerless hero of American freedom while the San Francisco Board of Education just erased his name from school buildings because he was a slave owner and had, shall we say, a troubled relationship with native Americans. [2] Which view is true? The 1776 Project’s view, which The Heritage Foundation called “a celebration of America,” [3] or the San Francisco Board of Education’s? [4] This is only the most recent skirmish in “the history wars,” which, whether from the political right’s attempt to whitewash American history as an ever more glorious ascent or the “woke” left’s attempt to reveal every blemish, every wrong ever done in America’s name, are a political struggle for control of America’s past in order to control its future. Both competing politically correct “isms” fail to see the American story’s rich weave of human aspiration as imperfect people seek to create a more perfect union. To say they never stumble, to say they never fall short of their ideals is one sort of lie; to say they are mere hypocrites who frequently betray the very ideals they preach is another sort of lie. In reality, Americans are both – they are idealists who seek to bring forth upon this continent, in Lincoln’s phrase, “government of the people, by the people, for the people” while on many occasions tripping over themselves and falling short. -
Vrtss. Sign to Say Anything with Reference Blond 4 Amountingendorsed to 4D0,21.,000., Nor Gover- Mury the Reasons For' Companita
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The Federal Common Law of Nations
GW Law Faculty Publications & Other Works Faculty Scholarship 2009 The Federal Common Law of Nations Bradford R. Clark George Washington University Law School, [email protected] Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation Bradford R. Clark, The Federal Common Law of Nations, 109 Colum. L. Rev. 1 (2009). This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. \\server05\productn\C\COL\109-1\toc1091.txt unknown Seq: 1 22-DEC-08 11:13 COLUMBIA LAW REVIEW VOL. 109 JANUARY 2009 NO. 1 CONTENTS ARTICLE THE FEDERAL COMMON LAW OF NATIONS Anthony J. Bellia Jr. 1 Bradford R. Clark NOTES DISCERNING DISCRIMINATION IN STATE TREATMENT OF AMERICAN INDIANS GOING BEYOND RESERVATION BOUNDARIES Shira Kieval 94 MORE BITTER THAN SWEET: A PROCEDURAL DUE PROCESS CRITIQUE OF CERTIFICATION PERIODS Amy McCamphill 138 ESSAY THE SUBJECTIVE EXPERIENCE OF PUNISHMENT Adam J. Kolber 182 Electronic copy available at: http://ssrn.com/abstract=1346554 \\server05\productn\C\COL\109-1\boe1091.txt unknown Seq: 8 22-DEC-08 11:13 COLUMBIA LAW REVIEW VOL. 109 JANUARY 2009 NO. 1 Z.W. JULIUS CHEN Editor-in-Chief MATTHEW GURGEL JASON VITULLO DANIELLA LICHTMAN ESSES KAREN LIN JESSIE CHENG Executive Articles Executive Sidebar Executive Essay & Executive Executive Notes Editor Editor Review Editor Managing Editor Editor DAVID ABRAMOWICZ SAMEER BAJAJ BRANDON C. -
American Historians and the Diplomacy of the American Revolution| an Historiographical Study
University of Montana ScholarWorks at University of Montana Graduate Student Theses, Dissertations, & Professional Papers Graduate School 1974 American historians and the diplomacy of the American Revolution| An historiographical study Laurie Joy Wood The University of Montana Follow this and additional works at: https://scholarworks.umt.edu/etd Let us know how access to this document benefits ou.y Recommended Citation Wood, Laurie Joy, "American historians and the diplomacy of the American Revolution| An historiographical study" (1974). Graduate Student Theses, Dissertations, & Professional Papers. 1510. https://scholarworks.umt.edu/etd/1510 This Thesis is brought to you for free and open access by the Graduate School at ScholarWorks at University of Montana. It has been accepted for inclusion in Graduate Student Theses, Dissertations, & Professional Papers by an authorized administrator of ScholarWorks at University of Montana. For more information, please contact [email protected]. AMERICAN HISTORIANS AND THE DIPLOMACY OF THE AMERICAN REVOLUTION: AN HISTORIOGRAPHICAL STUDY By Laurie Joy Wood B.A., Principia College, 1972 Presented in partial fulfillment of the requirements for the degree of Master of Arts UNIVERSITY OF MONTANA 1974 Approved by: Chairman, Board of Examiners Djg^an"^ Gi>^duate School /y/ H7X. Date UMI Number; EP36207 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. UMT UMI EP36207 Published by ProQuest LLC (2012). -
Genetics & Genealogy
genetics & genealogy Richard Hall has been researching family histories of notable people for over a decade and his own family Testing a Theory: history for over three decades. He has written several notable descendant Were Abraham Lincoln and Robert E. Lee Related? articles for Mayflower Descendant and is the founder of FamousKin.com In January 1929, over a million . William Lee . and so justify us in and MayflowerKin.com. He can be Americans opened their copies of declaring whose son he was.”4 reached at [email protected]. Good Housekeeping magazine to an article by Rev. William E. Barton In support of Barton (1861–1930) entitled “Abraham Since 1929, Barton’s claim has been Lincoln Was a Lee.”1 The article accepted and repeated by others as if it referred to Barton as “the foremost were a proven fact. Some go even fur- living authority on Lincoln,” which ther than Barton by identifying which was probably true. Barton claimed son of Richard Lee was the father of that President Abraham Lincoln and Lincoln’s ancestor William Lee. General Robert E. Lee were cousins In her 1977 genealogy, A Weaving, through a common ancestor, Colonel Clara Funai reported that “several Richard Lee. Barton expanded his people in different parts of the United claim later that year in his book The States, who are descended from this Lineage of Lincoln, devoting an entire same William Lee, have written me chapter to the alleged relationship.2 that he is the son of Hancock Lee Barton’s Good Housekeeping article and his wife Mary Kendall Lee, and attempted to show that Lincoln was Hancock Lee is the son of Richard Lee, a descendant of Colonel Lee and his the emigrant. -
Richard Henry Lee Papers 1763-1823 Mss.B.L51
Richard Henry Lee Papers 1763-1823 Mss.B.L51 American Philosophical Society 2003 105 South Fifth Street Philadelphia, PA, 19106 215-440-3400 [email protected] Richard Henry Lee Papers 1763-1823 Mss.B.L51 Table of Contents Summary Information ................................................................................................................................. 3 Background note ......................................................................................................................................... 5 Scope & content ..........................................................................................................................................7 Administrative Information .........................................................................................................................8 Related Materials ........................................................................................................................................ 8 Indexing Terms ........................................................................................................................................... 9 Other Finding Aids ................................................................................................................................... 10 Other Descriptive Information ..................................................................................................................10 Bibliography ..............................................................................................................................................11 -
Lee of Virginia,Excited by the Appearance of a Clumsy Forgery* Which Was Fully Exposed in the Columns of the Nation by Mr.W
ILttot a+ 4*. Reprinted from the New England Historical and Genealogical Register for January, 1890. £v&yv?> ? LEE OF VIRGINIA. Genealogical Notes Proving the Error op the Previously Accepted Pedigree. Communicated by J. Henhy Lea, Cedarhurst, Fairhaven, Mass. years since a lively discussion arose over the genealogy of the SOMEdistinguished family ofLee of Virginia,excited by the appearance of a clumsy forgery* which was fully exposed in the columns of the Nation by Mr.W. H. Wbitmore of Boston. The burden of evidence at that time seemed to point to Richard Lee of Stratford-Langton, inEssex, a suburb of London, the son of Sir Robert Lee, Knt.,of that place, as identical with the Col. Richard Lee who,in1640, emigrated to Virginia and founded there a family which has perhaps given more statesmen and warriors to their new home than any other of—our old colonial progenitors. This evidence, although rather shadowy, being"_jn^fact"nothiDg more than that the emi grant, in his will,called himself late of Stratford-Langton," —was never theless generally accepted, faute de mietcx, by most genealogists, anil, itis believed, by the family themselves, while a recent magazine article by Rev. F. G. Lee inthe Miscellania Genealogica, afterward reprinted inpamphlet form,+ assumed this descent as proven and so constructs the pedigree with out more evidence than he is able to adduce for his own many and frantic attempts to connect himself withthe same noble family4 The writer has, however, inthe course of other investigations on which he has been engaged for some years past in the English Records, fully satisfied himself that this Richard Lee, son of Sir Robert, died in his youth, and that another Richard Lee who was also of Stratford-Langton and Step ney in the firsthalf of the 17th century and distantly, if at all,connected with the Quarrendon Family, was the true ancestor of the Virginia stock. -
States Become a Nation (1760-1800)
Virginia Becomes a State; States Become a Nation (1760-1800) Virginia History Series #7-07 © 2007 People of Virginia The number of people residing in the Virginia Colony increased by over 2 ½ times from 1760-1800. 53 Counties had formed in Virginia by 1760 1760 VA Counties were mostly on the coast (i.e., Tidewater) and inland along rivers like the James, Roanoke, York, Potomac, and Rappahannock (i.e., Piedmont) The “Fall Line” Separates Tidewater & Piedmont Regions in Virginia Tidewater Piedmont Fall Line Virginia Great Falls of the Potomac on the Virginia “Fall Line” Virginia’s Early Land Claims included present- day Kentucky, West Virginia and much of the “Northwest Territories”also claimed by other Colonies/States Virginia ceded its claims on Northwest Territories to the United States in 1783 Land Speculation In the 1760s, Virginian’s gentry-owned companies hoped to make money from land speculation on the Ohio and Mississippi Rivers. The Ohio Company Ohio (which started work in 1754 and was River managed by George Mason) and the Land Mississippi Land Company (organized Speculation by Thomas Ludwell Lee, Francis Lightfoot Area Lee, Richard Henry Lee, William Lee, William and Henry Fitzhugh, Thomas Mississippi King Bullitt, and George Washington in 1763) River George’s sought title to millions of acres of Proclamation Western land through grants from King Line of 1763 George III. Instead of supporting land ventures by Virginia’s gentry, King George III hoped to set these lands aside for the Crown or English gentry and made a proclamation forbidding further settlement and speculation in British lands West of the Appalachians by colonial residents. -
The Career of William Lee, 1769-1778
W&M ScholarWorks Dissertations, Theses, and Masters Projects Theses, Dissertations, & Master Projects 1986 From Commerce to Controversy: The Career of William Lee, 1769-1778 Mary Catherine Ryan College of William & Mary - Arts & Sciences Follow this and additional works at: https://scholarworks.wm.edu/etd Part of the United States History Commons Recommended Citation Ryan, Mary Catherine, "From Commerce to Controversy: The Career of William Lee, 1769-1778" (1986). Dissertations, Theses, and Masters Projects. Paper 1539625362. https://dx.doi.org/doi:10.21220/s2-ztct-ak85 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]. FROM COMMERCE TO CONTROVERSY THE CAREER OF WILLIAM LEE, 1769-1778 A Thesis Presented to The Faculty of the Department of History The College of William and Mary in Virginia In Partial Fulfillment Of the Requirements for the Degree of Master of Arts Mary Catherine Ryan 1986 APPROVAL SHEET This thesis is submitted in partial fulfillment of the requirements for the degree of Master of Arts Approved, December 1986 . SelbyJo: James W. Axtell j r n/y uT^rn James P. Whittenber / 11 ABSTRACT This study of William Lee focuses on Lee's career between 1769 and 1778. The major sources for research were Lee's own letters and those of his brothers. William Lee, the brother of Richard Ifenry and Arthur Lee, left Virginia for London in 1768. -
Dr. Mudd and the Lincoln Assassination: the Ac Se Reopened John Paul Jones University of Richmond, [email protected]
University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 1995 Dr. Mudd and the Lincoln Assassination: The aC se Reopened John Paul Jones University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/law-faculty-publications Part of the Military, War, and Peace Commons Recommended Citation Dr. Mudd and the Lincoln Assassination: The Case Reopened (John Paul Jones ed., 1995) This Book is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. Dr. udd and the Lincoln Assassination 'rH 14: CASE REOPENED The proceedings of a Moot Court of Military Appeal to hear the case of Dr. Samuel A. Mudd with contributions by F. LEE BAILEY, JOHN JAY DOUGLASS, CANDIDA EWING STEEL, JOHN S. JENKINS and others Edited by JOHN PAUL JONES $24.95 Dr. Mudd and the Lincoln Assassination THE CASE REOPENED Edited by JOHN PAUL JONES On June 30, 1865, Samuel A. Mudd was convicted of conspiring with John Wilkes Booth and others ro assassinate President Abraham Lincoln. He was sentenced ro life imprisonment on an island off the coast of Florida. Dr. Mudd was pardoned in 1869 by President Andrew Johnson, based on his assistance in a yellow fever epidemic rather than on the merits. of his case, leaving unre solved until the present day the question of his ultimate guilt or innocence. On February 12, 1993, the University of Richmond School of Law convened a distin guished group of jurists and Civil War histori ans to thoroughly present both sides of the case of Samuel Mudd and the broader Lincoln Conspiracy before a panel of judges in an actual courtroom. -
Lee Family Member Faqs
HOME ABOUT FAMILY PAPERS REFERENCES RESOURCES PRESS ROOM Lee Family Member FAQs Richard Lee, the Immigrant The Lee Family Digital Archive is the largest online source for Who was RL? primary source materials concerning the Lee family of Richard Lee was the ancestor of the Lee Family of Virginia, many of whom played prominent roles in the Virginia. It contains published political and military affairs of the colony and state. Known as Richard Lee the Immigrant, his ancestry is not and unpublished items, some known with certainty. Since he became one of Virginia's most prominent tobacco growers and traders he well known to historians, probably was a younger son of a substantial family involved in the mercantile and commercial affairs of others that are rare or have England. Coming to the New World, he could exploit his connections and capital in ways that would have been never before been put online. impossible back in England. We are always looking for new When was RL Born? letters, diaries, and books to add to our website. Do you Richard Lee was born about 1613. have a rare item that you Where was RL Born? would like to donate or share with us? If so, please contact Richard Lee was born in England, but no on knows for sure exactly where. Some think his ancestors came our editor, Colin Woodward, at from Shropshire while others think Worcester. (Indeed, a close friend of Richard Lee said Lee's family lived in (804) 493-1940, about how Shropshire, as did a descendent in the eighteenth century.) Attempts to tie his ancestry to one of the dozen or you can contribute to this so Lee familes in England (spelled variously as Lee, Lea, Leight, or Lega) that appeared around the time of the historic project.