The Role of National Security Concerns in The
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The Unitary Executive and Inherent Executive Power
THE UNITARY EXECUTIVE AND INHERENT EXECUTIVE POWER Louis Fisher* The unitary executive model, if reasonably applied, has much to commend it. The Framers experienced first-hand the administrative problems of the Continental Congress from 1774 to 1787 and brought with them to the Philadelphia Convention a determination to structure government in a manner that would better assure ac- countability and efficiency. A single executive in the form of the President was a key step toward improved management. When Con- gress created three executive departments in 1789, it expressed a sim- ilar commitment to accountability by placing authority in a secretary, not in a board. At the same time, the principle of a unitary executive has had to compete with other important values. The purpose of my Article is to examine some of the compromises with the unitary ex- ecutive model, beginning in 1789. I then will move to analyzing the concept of “inherent executive power” and its dangers to constitu- tional government. The model of a unitary executive, if properly un- derstood, is compatible with the Constitution. Inherent executive power is not. I. THE SEARCH FOR A UNITARY EXECUTIVE The Framers had plenty of strong executive models from which to choose. They could look to John Locke, who emphasized the need for independent executive action. He understood that the legislature could not always be in sitting, nor could it provide laws to cover every contingency: “It is not necessary—no, nor so much as convenient— that the legislative should be always in being; but absolutely necessary that the executive power should, because there is not always need of new laws to be made, but always need of execution of the laws that are made.”1 Although Locke divided government into legislative and * Specialist in Constitutional Law, Law Library, Library of Congress. -
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. -
The Making of the Constitution
THE MAKING OF THE CONSTITUTION CLE Credit: 1.0 Thursday, June 14, 2018 12:00 p.m. - 1:00 p.m. Bluegrass Ballroom I Lexington Convention Center Lexington, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenter .................................................................................................................. i The Framers' Coup ......................................................................................................... 1 Interpreting the Convention ................................................................................. -
Patrick Henry
LIBERTY UNIVERSITY PATRICK HENRY: THE SIGNIFICANCE OF HARMONIZED RELIGIOUS TENSIONS A THESIS SUBMITTED TO THE FACULTY OF THE HISTORY DEPARTMENT IN CANDIDACY FOR THE DEGREE OF MASTER OF ARTS IN HISTORY BY KATIE MARGUERITE KITCHENS LYNCHBURG, VIRGINIA APRIL 1, 2010 Patrick Henry: The Significance of Harmonized Religious Tensions By Katie Marguerite Kitchens, MA Liberty University, 2010 SUPERVISOR: Samuel Smith This study explores the complex religious influences shaping Patrick Henry’s belief system. It is common knowledge that he was an Anglican, yet friendly and cooperative with Virginia Presbyterians. However, historians have yet to go beyond those general categories to the specific strains of Presbyterianism and Anglicanism which Henry uniquely harmonized into a unified belief system. Henry displayed a moderate, Latitudinarian, type of Anglicanism. Unlike many other Founders, his experiences with a specific strain of Presbyterianism confirmed and cooperated with these Anglican commitments. His Presbyterian influences could also be described as moderate, and latitudinarian in a more general sense. These religious strains worked to build a distinct religious outlook characterized by a respect for legitimate authority, whether civil, social, or religious. This study goes further to show the relevance of this distinct religious outlook for understanding Henry’s political stances. Henry’s sometimes seemingly erratic political principles cannot be understood in isolation from the wider context of his religious background. Uniquely harmonized -
ABSTRACT JEWETT, AMANDA AVERELL. Aristocratic
ABSTRACT JEWETT, AMANDA AVERELL. Aristocratic Gentlemanliness and Revolutionary Masculinities among Virginia’s Delegation to the Continental Congress, 1774-1776. (Under the direction of Dr. Craig Thompson Friend). There was never one type of manhood practiced in Virginia during from 1774 to 1776. Instead, different masculinities blended and overlapped to reflect changes in culture and society. While elements such as public validation and an honorable reputation persevered across gender constructions, they meant different things to different men in the early years of revolution. The American Revolution unleashed democratic, military, regional, and intellectual impulses that gave impetus to forms of manhood that helped to erode aristocratic gentlemanliness. Militant, intellectual, and southern men absorbed some ideals of aristocratic gentlemanliness like honor and public virtue, while abandoning others including submission and restraint. The Revolution and meetings with other men in the Continental Congress contributed to the dismissal of these principles as Virginians responded to changes in their political and social roles on a larger stage. Ultimately, the need for public approval ties all of these Virginians together. Validation of one’s gender and class from outside observers, be it fellow Virginian planters or delegates from other colonies, is the most permanent aspect of masculinity during these years. While other types of manhood—military, Enlightenment, and southern—broke from or changed several traits of aristocratic gentlemanliness, -
Patrick Henry's Integrity Patrick Henry Was Born in Virginia in 1736 When Virginia Was Still a British Colony
Patrick Henry's Integrity Patrick Henry was born in Virginia in 1736 when Virginia was still a British colony. He became a lawyer when he was 24 years old and quickly became well known for his eloquent work in the legal case known as the Parsons' Cause. This case was significant because it argued whether the colonial government or the British crown should make financial decisions for the colonies. About five years before, the Two Penny Act restricted the pay of ministers of the Anglican church (parsons) during a drought year in which the price of tobacco jumped higher (high demand, low supply). Parsons were paid in those days with tobacco, which had a value of about 2 cents a pound. The Two Penny Act of Virginia, enacted by the colonial government [that is, Virginia's government, not England's], maintained that parsons continue to earn 2 cents despite the higher price of tobacco. The parsons protested this because they believed they should benefit from the increased value of tobacco. The parsons appealed to authorities in England, who overruled [set aside, didn't enforce] the Two Penny Act. This judgment by England angered colonialists who believed England had no right to interfere in the colony's financial decision making. Although the Two Penny Act lasted only a year, some parsons sued for back wages. Patrick Henry argued in the case against one parson for the state's right to make its own laws. Although the parson won the case, he was awarded only a penny in back pay. Henry’s success launched a new recognition of his skills. -
Speech in the Virginia Convention Patrick Henry
Writers of the Revolution from Speech in the Virginia Convention RI 5 Analyze and evaluate by Patrick Henry the effectiveness of the structure an author uses in his or her argument, including whether the structure makes Meet the Author points clear, convincing, and engaging. RI 6 Determine an author’s point of view or purpose 1736–1799 in a text in which the rhetoric is Patrick Henry particularly effective, analyzing how style and content contribute Known as “the Orator of Liberty,” his own at age 15. Although smart and to the power, persuasiveness, or Patrick Henry made a name for himself industrious, he couldn’t find success as a beauty of the text. L 3a Apply an understanding of syntax with his speeches supporting American storekeeper or later as a tobacco planter. to the study of complex democracy. He was one of the earliest After marrying and starting a family, he texts. L 4b Identify and correctly use patterns of word changes that opponents of British rule in the American decided to teach himself law, and in 1760, indicate different meanings or colonies. In 1765, after the British at the age of 24, he was admitted to the parts of speech. Parliament passed a tax bill called the bar. Henry’s eloquence, quick wit, and did you know? Stamp Act, Henry was among the rhetorical gifts served him well, and his members of the Virginia legislature that law practice grew increasingly profitable. Patrick Henry . challenged the legality of a British tax on Popular Virginia Politician Henry is best • had 16 children—6 by his the colonies. -
Enumerated and Implied Powers
6.3 Enumerated and Implied Powers Standard 6.3: Enumerated and Implied Powers Distinguish among the enumerated and implied powers in the United States and the Massachusetts Constitution. (Massachusetts Curriculum Framework for History and Social Studies) [8.T6.3] FOCUS QUESTION: What is the Difference Between Enumerated and Implied Powers? This standard looks at the differences between enumerated and implied powers in the United States and Massachusetts Constitutions. Enumerated powers are those expressly granted to the federal government by the Constitution. Implied powers enable the federal government to carry out tasks outlined by the enumerated powers. Building Democracy for All 1 Modules for this Standard Include: 1. INVESTIGATE: The Enumerated and Implied Powers of the U.S. Constitution 2. UNCOVER: Federal Minimum Wage Laws, Young Workers and the Implied Powers of Congress MEDIA LITERACY CONNECTIONS: Exploring the Use of Media for Military Recruitment 3. ENGAGE: Should the Nation Adopt a Living Wage Rather Than a Minimum Wage? 1. INVESTIGATE: The Enumerated and Implied Powers of the U.S. Constitution The enumerated powers of the federal government are listed in Article 1 Section 8 of the U.S. Constitution. Among the 18 direct powers given to Congress are the power to levy and collect taxes, borrow money, regulate commerce, coin money declare war, and support an army and navy (for a full list, see Key Constitutional Grants to Powers to Congress). The 18th power gives the federal government the ability to create and enact laws that are “necessary and proper” for its use of the other 17 powers. The Necessary and Proper clause (sometimes called the “Elastic Clause”) gives Congress implied powers; that is powers not named in the Constitution, but necessary for governing the country. -
Fascinating Facts About the U.S. Constitution
The U.S. Constitution & Amendments: Fascinating Facts (Continued) Fascinating Facts About The U.S. Constitution The U.S. Constitution has 4,400 words. It is the The Constitution does not set forth requirements oldest and shortest written Constitution of any major for the right to vote. As a result, at the outset of government in the world. the Union, only male property-owners could vote. ___________________ African Americans were not considered citizens, and women were excluded from the electoral process. Of the spelling errors in the Constitution, Native Americans were not given the right to vote “Pensylvania” above the signers’ names is probably until 1924. the most glaring. ___________________ ___________________ James Madison, “the father of the Constitution,” Thomas Jefferson did not sign the Constitution. was the first to arrive in Philadelphia for the He was in France during the Convention, where Constitutional Convention. He arrived in February, he served as the U.S. minister. John Adams was three months before the convention began, bearing serving as the U.S. minister to Great Britain during the blueprint for the new Constitution. the Constitutional Convention and did not attend ___________________ either. ___________________ Of the forty-two delegates who attended most of the meetings, thirty-nine actually signed the Constitution. The Constitution was “penned” by Jacob Shallus, Edmund Randolph and George Mason of Virginia A Pennsylvania General Assembly clerk, for $30 and Elbridge Gerry of Massachusetts refused to ($726 today). sign in part due to the lack of a bill of rights. ___________________ ___________________ Since 1952, the Constitution has been on display When it came time for the states to ratify the in the National Archives Building in Washington, Constitution, the lack of any bill of rights was the DC. -
Rappin' History
Rappin’ History Composing Historical Raps in the Classroom with Lessons Integrating Historical Raps from the Broadway Show Hamilton Rappin’ in the Classroom Hamilton! Lessons Using the Broadway Show Hamilton Traveling Exhibit Activities Lois MacMillan – 2018 Jane Ortner Education Award Submission South Middle School – Grants Pass, OR Outline of Rappin’ History Introduction: Impact of the Broadway show Hamilton & Historical Rap Lesson Experiences (pages 1-2) “Composing Historical Raps” Five Day Lesson Plan (pages 3-21) o Joseph Plumb Martin Worksheet PDF o Joseph Plumb Martin Adventures, Sufferings, and Dangers PDF o Joseph Plumb Martin Bio PDF o Article “Of Rocks, Trees, Rifles, and Militia” PDF o Rap Facts Worksheets PDF “World Turned Upside Down” The Battle of Yorktown Lesson Plan (pages 22-26) o “World Turned Upside Down Worksheet” PDF “Constitution Needed!” Events Around the Constitution Lesson Plan (pages 27-37) o “Events Around the Constitution” PDF o “Events Around the Constitution Worksheet” PDF o PowerPoint “Plain, Honest Men” “The Dinner Deal” Choosing the Nation’s Capital Lesson Plan (pages 38-44) o “The Dinner Deal Worksheet” PDF o “In Room Where It Happens” PDF “Election of 1800” Crisis in the Electoral College Lesson Plan (pages 45-49) o “Election of 1800” PDF “Code Duello and the Hamilton-Burr Duel” Two Day Lesson Plan (pages 50-57) o “Code Duello” PDF o PowerPoint “Five Duel Experiences” o “Your Obedient Servant” PDF Introduction: In 2004, Ron Chernow published Hamilton, earning him Gilder Lehrman’s George Washington Book -
Transcript of Federalist Papers, No. 10 & No. 51 (1787-1788)
The Federalist Papers were a series of essays published in newspapers in 1787 and 1788 by James Madison, Alexander Hamilton, and John Jay to promote the ratification of the Constitution. The Federalist Papers, were a series of 85 essays written by Alexander Hamilton, John Jay, and James Madison between October 1787 and May 1788. The essays were published anonymously, under the pen name "Publius," primarily in two New York state newspapers of the time: The New York Packet and The Independent Journal . They were written to urge citizens of New York to support ratification of the proposed United States Constitution. Significantly, the essays explain particular provisions of the Constitution in detail. It is for this reason, and because Hamilton and Madison were members of the Constitutional Convention, that the Federalist Papers are often used today to help understand the intentions of those drafting the Constitution. A bound edition of the essays, with revisions and corrections by Hamilton, was published in 1788 by printers J. and A. McLean. A later edition, published by printer Jacob Gideon in 1818, with revisions and corrections by Madison, was the first to identify each essay by its author's name. Because of the essays’ publishing history, the assignment of authorship, numbering, and exact wording may vary with different editions of The Federalist . The essays featured here are Federalist No. 10 and Federalist No. 51. The former, written by James Madison, refuted the belief that it was impossible to extend a republican government over a large territory. It also discussed special interest groups. The later emphasized the importance of checks and balances within a government. -
Forging a Bluegrass Commonwealth: the Kentucky Statehood Movement and the Politics of the Trans-Appalachian West, 1783–1792 Christopher L
Marshall University Marshall Digital Scholar Theses, Dissertations and Capstones 2017 Forging a Bluegrass Commonwealth: The Kentucky Statehood Movement and the Politics of the Trans-Appalachian West, 1783–1792 Christopher L. Leadingham [email protected] Follow this and additional works at: https://mds.marshall.edu/etd Part of the Appalachian Studies Commons, Political History Commons, Social History Commons, and the United States History Commons Recommended Citation Leadingham, Christopher L., "Forging a Bluegrass Commonwealth: The Kentucky Statehood Movement and the Politics of the Trans- Appalachian West, 1783–1792" (2017). Theses, Dissertations and Capstones. 1110. https://mds.marshall.edu/etd/1110 This Thesis is brought to you for free and open access by Marshall Digital Scholar. It has been accepted for inclusion in Theses, Dissertations and Capstones by an authorized administrator of Marshall Digital Scholar. For more information, please contact [email protected], [email protected]. FORGING A BLUEGRASS COMMONWEALTH: THE KENTUCKY STATEHOOD MOVEMENT AND THE POLITICS OF THE TRANS-APPALACHIAN WEST, 1783–1792 A thesis submitted to the Graduate College of Marshall University In partial fulfillment of the requirements for the degree of Master of Arts In History by Christopher L. Leadingham Approved by Dr. Kevin T. Barksdale, Committee Chairperson Dr. David J. Trowbridge Dr. Robert C. Deal Marshall University July 2017 APPROVAL OF THESIS We, the faculty supervising the work of Christopher L. Leadingham, affirm that the thesis, Forging a Bluegrass Commonwealth: The Kentucky Statehood Movement and the Politics of the Trans-Appalachian West, 1783–1792, meets the high academic standards for original scholarship and creative work established by the Master of Arts in History and the College of Liberal Arts.