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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Bangs Bickford, Kenneth R. Bowling, and Helen E. Veit of the First Federal Congress Project for access to hitherto unpublished reports of the debates; Kenneth Bowling, Gerhard Casper, Richard Posner, and Richard Ross for invalu- able advice and encouragement; and Keith Garza for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). -
CRS Report for Congress Received Through the CRS Web
Order Code RL30665 CRS Report for Congress Received through the CRS Web The Role of the House Majority Leader: An Overview Updated April 4, 2006 Walter J. Oleszek Senior Specialist in the Legislative Process Government and Finance Division Congressional Research Service ˜ The Library of Congress The Role of the House Majority Leader: An Overview Summary The majority leader in the contemporary House is second-in-command behind the Speaker of the majority party. Typically, the majority leader functions as the Speaker’s chief lieutenant or “field commander” for day-to-day management of the floor. Although the majority leader’s duties are not especially well-defined, they have evolved to the point where it is possible to spotlight two fundamental and often interlocking responsibilities that orient the majority leader’s work: institutional and party. From an institutional perspective, the majority leader has a number of duties. Scheduling floor business is a prime responsibility of the majority leader. Although scheduling the House’s business is a collective activity of the majority party, the majority leader has a large say in shaping the chamber’s overall agenda and in determining when, whether, how, or in what order legislation is taken up. In addition, the majority leader is active in constructing winning coalitions for the party’s legislative priorities; acting as a public spokesman — defending and explaining the party’s program and agenda; serving as an emissary to the White House, especially when the President is of the same party; and facilitating the orderly conduct of the House’s business. From a party perspective, three key activities undergird the majority leader’s principal goal of trying to ensure that the party remains in control of the House. -
American Political Thought
AMERICAN POLITICAL THOUGHT 00-Whittington-FM.indd 1 28/10/15 5:50 AM DESIGN SERVICES OF # 159102 Cust: OUP Au: Whittington Pg. No. i K S4CARLISLE Title: American Political Thought 1e Short / Normal Publishing Services 00-Whittington-FM.indd 2 28/10/15 5:50 AM DESIGN SERVICES OF # 159102 Cust: OUP Au: Whittington Pg. No. ii K S4CARLISLE Title: American Political Thought 1e Short / Normal Publishing Services AMERICAN POLITICAL THOUGHT READINGS AND MATERIALS Keith E. Whittington PRINCETON UNIVERSITY NEW YORK OXFORD OXFORD UNIVERSITY PRESS 00-Whittington-FM.indd 3 28/10/15 5:50 AM DESIGN SERVICES OF # 159102 Cust: OUP Au: Whittington Pg. No. iii K S4CARLISLE Title: American Political Thought 1e Short / Normal Publishing Services Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright © 2017 by Oxford University Press For titles covered by Section 112 of the US Higher Education Opportunity Act, please visit www.oup.com/us/he for the latest information about pricing and alternate formats. Published by Oxford University Press 198 Madison Avenue, New York, New York 10016 http://www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. -
Jeffersons Rivals: the Shifting Character of the Federalists 23
jeffersons rivals: the shifting character of the federalists roberf mccolley Our first national political association, after the revolutionary patriots, was the Federalist Party, which controlled the Federal government for twelve years, and then dwindled rapidly away. Within its brief career this Federalist Party managed to go through three quite distinct phases, each of which revealed a different composition of members and of principles. While these are visible enough in the detailed histories of the early na tional period, they have not been clearly marked in our textbooks. An appreciation of the distinctness of each phase should reduce some of the confusion about what the party stood for in the 1790's, where Jeffersonians have succeeded in attaching to it the reactionary social philosophy of Hamilton. Furthermore, an identification of the leading traits of Feder alism in each of its three phases will clarify the corresponding traits in the opposition to Federalism. i. federalism as nationalism, 1785-1789 The dating of this phase is arbitrary, but defensible. Programs for strengthening the Articles of Confederation were a favorite subject of political men before Yorktown. In 1785 a national movement began to form. Several delegates met in that year at Mount Vernon to negotiate commercial and territorial conflicts between Virginia and Maryland. In formally but seriously they also discussed the problem of strengthening the national government. These men joined with nationally minded lead ers from other states to bring on the concerted movement for a new Constitution.1 The interesting questions raised by Charles Beard about the motives of these Federalists have partly obscured their leading concerns, and the scholarship of Merrill Jensen has perhaps clarified the matter less than it should have. -
Patrick Henry, by Moses Coit Tyler 1
Patrick Henry, by Moses Coit Tyler 1 CHAPTER I CHAPTER II CHAPTER III CHAPTER IV CHAPTER V CHAPTER VI CHAPTER VII CHAPTER VIII CHAPTER IX CHAPTER X CHAPTER XI CHAPTER XII CHAPTER XIII CHAPTER XIV CHAPTER XV CHAPTER XVI CHAPTER XVII CHAPTER XVIII CHAPTER XIX CHAPTER XX CHAPTER XXI CHAPTER XXII Patrick Henry, by Moses Coit Tyler The Project Gutenberg eBook, Patrick Henry, by Moses Coit Tyler This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or Patrick Henry, by Moses Coit Tyler 2 online at www.gutenberg.org Title: Patrick Henry Author: Moses Coit Tyler Release Date: July 10, 2009 [eBook #29368] Language: English Character set encoding: ISO-8859-1 ***START OF THE PROJECT GUTENBERG EBOOK PATRICK HENRY*** E-text prepared by Barbara Tozier, Bill Tozier, and the Project Gutenberg Online Distributed Proofreading Team (http://www.pgdp.net) American Statesmen PATRICK HENRY by MOSES COIT TYLER Boston and New York Houghton Mifflin Company The Riverside Press Cambridge Copyright, 1887, by Moses Coit Tyler Copyright, 1898, by Moses Coit Tyler And Houghton, Mifflin & Co. Copyright, 1915, by Jeannette G. Tyler The Riverside Press Cambridge · Massachusetts Printed in the U.S.A. PREFACE In this book I have tried to embody the chief results derived from a study of all the materials known to me, in print and in manuscript, relating to Patrick Henry,--many of these materials being now used for the first time in any formal presentation of his life. -
Artemas Ward and the Politics of the New Nation
ARTEMAS WARD AND THE POLITICS OF THE NEW NATION By MARION RAY McCULLAR /I / Bachelor of Arts Central State University Edmond, Oklahoma 1967 Submitted to the Faculty of the Graduate College of the Oklahoma State University in partial fulfillment of the requirements for the Degree of MASTER OF ARTS July, 1972 WI\U\ffl11W1 " IMTI UfflVERfll] 'tRRARY FEB 6 1973 ARTEMAS WARD AND THE POLITICS OF THE NEW NATION Thesis Approved: ii PREFACE The po1;i.tics of the young republic were marked by the fear of an all powerful government on the one han~ and by anxieties that govern ment might have insufficient power on the other. This ambivalence not only divided Congress but created inner tensions within the members themselves as to how to achieve a proper balance. The national politi cal career of Artemas Ward provides a particularly illuminating example of that tension. After a long career in provincial politics, Ward moved into the national political circle at a time when greater powers for the Congress were deemed by many as essential to the further prosecution of the Revolution. An ardent patriot, Ward was also fiercely devoted to the preservation of a social order in Massachusetts which he believed would be destroyed by either over-centralization or public licentiousness. The resolution of the conflict between these two extremes in the political career of Artemas Ward elucidates one important facet of the politics of the new nation. I owe a special debt of gratitude to my advisor, Professor H. James Henderson, who generously gave of his time and knowledge to help me in every stage of research and writing of this thesis. -
The Vice-Presidency and the Problems of Presidential Succession and Inability
Fordham Law Review Volume 32 Issue 3 Article 2 1964 The Vice-Presidency and the Problems of Presidential Succession and Inability John D. Feerick Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation John D. Feerick, The Vice-Presidency and the Problems of Presidential Succession and Inability, 32 Fordham L. Rev. 457 (1964). Available at: https://ir.lawnet.fordham.edu/flr/vol32/iss3/2 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Vice-Presidency and the Problems of Presidential Succession and Inability Cover Page Footnote Member of the New York Bar; member, American Bar Association Conference on Presidential Inability and Succession. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol32/iss3/2 THE VICE-PRESIDENCY AND THE PROBLEMS OF PRESIDENTIAL SUCCESSION AND INABILITY JOHN D. FEERICK* In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Offi e, tile Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice Presi- dent, declaring what Officer shall then act as President, and such Offlcer shall act accordingly, until the Disability be removed, or a President shall be elected.' THE orderly transfer of power to President Lyndon B. -
Federalist Politics and the Unitarian Controversy Marc M
Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship Winter 2002 The orF ce of Ancient Manners: Federalist Politics and the Unitarian Controversy Marc M. Arkin Fordham University School of Law, [email protected] Follow this and additional works at: http://ir.lawnet.fordham.edu/faculty_scholarship Part of the Law and Philosophy Commons, Law and Politics Commons, Law and Society Commons, and the Legal History Commons Recommended Citation Marc M. Arkin, The Force of Ancient Manners: Federalist Politics and the Unitarian Controversy, 22 J. of the Early Republic 575 (2002) Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/716 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. THE FORCE OF ANCIENT MANNERS: FEDERALIST POLITICS AND THE UNITARIAN CONTROVERSY REVISITED Marc M. Arkin Some of our mutual friends say all is lost-nothing can be done. Nothing is to be done rashly, but mature counsels and united efforts are necessary in the most forlorn case. For though we may not do much to save ourselves, the vicissitudes of political fortune may do every thing-and we ought to be ready when she smiles.1 As 1804 drew to a close, Massachusetts Federalists could be forgiven for thinking that it had been a very bad year, the latest among many. -
Regionalism and the Religion Clauses: the Contribution of Fisher Ames
Buffalo Law Review Volume 47 Number 2 Article 2 4-1-1999 Regionalism and the Religion Clauses: The Contribution of Fisher Ames Marc M. Arkin Fordham University School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Legal History Commons, and the Religion Law Commons Recommended Citation Marc M. Arkin, Regionalism and the Religion Clauses: The Contribution of Fisher Ames, 47 Buff. L. Rev. 763 (1999). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol47/iss2/2 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. Regionalism and the Religion Clauses: The Contribution of Fisher Ames MARC M. ARKINt INTRODUCTION On August 20, 1789, Massachusetts Federalist Fisher Ames rose to address the House of Representatives in one of his rare contributions to the debate on the Bill of Rights.' The day before, sitting as a Committee of the Whole, the House had concluded its brief discussion of the proposed religion amendment to the federal Constitution by agreeing to New Hampshire Representative Samuel Livermore's formula that "Congress shall make no laws touching religion, or infringing t Professor of Law, Fordham University School of Law. I would like to thank Martin Flaherty, Philip Hamburger, Douglas Laycock, Henry Monaghan, Edward Purcell, Jack Rakove, Conrad E. Wright, and most especially; Michael Martin for their comments on earlier versions of this essay. -
Historic Dedham Village a Self-Guided Walking Tour a Brief History of Dedham Walking Tour Dedham Was Founded in 1636 by a Handful of Families from Watertown
Historic Dedham Village A Self-guided Walking Tour A Brief History of Dedham Walking tour Dedham was founded in 1636 by a handful of families from Watertown. It was one of The tour takes about an hour to complete (though there are a few shortcuts if you’re the first inland settlements by the new English colony to provide land for a growing pressed for time). The tour route is accessible for strollers and wheelchairs. population and protection from the Dutch and the Pequot tribe in Connecticut. The settlers called the area “Contentment” and were known for their unwavering faith, 1. 612 High St., Dedham Historical Society signing a covenant to live “in Christian love and charity.” Dedham originally encom- One of the oldest historical societies in the passed over 200 square miles, stretching from Wellesley and Mendon to the Rhode United States, the Dedham Historical Society Island border. As the population increased, over a dozen new towns were incorporated houses a library, archives, and museum. It and divided from the original settlement by the mid-1700s. also owns one of the foremost collections of Dedham played a role in key moments of U.S. history. In the 1640s, Dedham was the Dedham Pottery. This was the original site first town in the U.S. to establish a free, tax-supported public school, and was the site of Jeremiah Shuttleworth’s home, Dedham’s where a dispute over selection of a minister led to the separation of the Congregation- first Postmaster in the late 1700s. The home Dedham Historical Society alists from the Unitarian church in the early 1800s. -
1900-1901 Obituary Record of Graduates of Yale University
OBITUARY RECORD GRADUATES OF YALE UNIVERSITY Deceased during the Academical Year ending in JUNE, 19O1, INCLUDING THE RECORD OF A FEW WHO DIED PREVIOUSLY, HITHERTO UNREPORTED [Presented at the meeting of the Alumni, June 25th, 1901] [No 1 of the Fifth Printed Series, and No 60 of the whole Record] OBITUARY RECORD OF GKADUATES OF TALE UNIVERSITY Deceased during the Academical year ending in JUNE, 1901, Including- the Record of a few who died previously, hitherto unreported [PRESENTED AT THE MEETING OF THE ALUMNI, JUNE 25TH 1901] [No 1 of the Fifth Printed Series, and No 60 of the whole Record] YALE COLLEGE ( ACADEMICAL DEPARTMENT ) 1824 BENJAMIN DOUGLAS SILLIMAN, since 1893 the last survivor of his class, and since 1896 the oldest living graduate of Yale Col- lege, was born in Newport, R. I., on September 14, 1805. He was the son of Gold Selleck Silhman (Yale 1796), grandson of General Gold Selleck Silliman (Yale 1752), who was distin- guished in colonial times as King's Attorney for Fairfield County and during the Revolution for vigilant and patriotic service in behalf of freedom, and great-grandson of Judge Ebenezer Silli- man (Yale 1727). His mother, Hepsa (Ely) Silliman, was the daughter of Rev. David Ely, D.D. (Yale 1769), of Huntington, Conn., a Fellow and Secretary of the College and granddaughter of Rev. Jedidiah Mills (Yale 1722 ) ^—.. At the close of the War of 1812 his father gave up his success- ful law practice in Newport and engaged in business in New York City, removing to Brooklyn in 1823, where he lived to the age of 90 yeais, dying in 1868, and wheie his son thereafter re- sided 4 For a \eai after giaduation Mi Silhman was at Yale as Assist- ant in Chemistiy, imdei his uncle, Piofessoi Benjamin Silhman (Yale 1790 ), and then studied law in New York City, in the office ot Chancellor Kent (Yale 1781) and his son (afteiward Judge) William Kent, and was admitted to the bar in M2LJ, 1829. -
Con.Gr.Essional· Record-House. August 9
5368 CON.GR.ESSIONAL· RECORD-HOUSE. AUGUST 9, Congress and the President have continued ever since to unite in act8 ~on, ~d the ~bjection to ~hat date is a hinderance to resumption, and the construe. tion.will be g1ven, and Wl~h some dej!reo of plausibility at ]eagt, that the demo to prevent resumptio?· If Congress bas done it, who is responsiblef cratic party want resllDlption earlier than the day fixed. (Applause.) Is the ~enate responsible 1 We sent to the House a bill that would have lowered your rate of interest on the large mass of the public Such was the statement made by General Ewing at the time. Hear debt 1t per cent. per annum. What attention did they pay to itT the answer of Mr. Dorsheimer: None whatever. What bill have they introduced to carry out the Mr. DORSHEDmB. I d? not. propose to speak upon this matter at length. I pro recommendation of General Grant or Governor Tilden f Where is the pose J;Iere to make a straight 1ssoe between soft and hard money. · [T'rememlous act introdt;ICed in the J:Iouse of Representatives t? accumulate gold cheenng.) By that we ~t.and or fall. [Cheers.) If yon want soft money gi.V'e your yotes to tl~e resolution offered by the most distingoisheu soft. money ~dvo or to provide for fundrng7 None; and now I will tell you why it ca.te m the Uruted St.ates. [Cheers and hisses.) Bot if you want to le:t>e to was not done in the Senate.