The Transfiguration of Samuel Chase: a Rebuttal, 1992 BYU L
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Construction of the Massachusetts Constitution
Construction of the Massachusetts Constitution ROBERT J. TAYLOR J. HI s YEAR marks tbe 200tb anniversary of tbe Massacbu- setts Constitution, the oldest written organic law still in oper- ation anywhere in the world; and, despite its 113 amendments, its basic structure is largely intact. The constitution of the Commonwealth is, of course, more tban just long-lived. It in- fluenced the efforts at constitution-making of otber states, usu- ally on their second try, and it contributed to tbe shaping of tbe United States Constitution. Tbe Massachusetts experience was important in two major respects. It was decided tbat an organic law should have tbe approval of two-tbirds of tbe state's free male inbabitants twenty-one years old and older; and tbat it sbould be drafted by a convention specially called and chosen for tbat sole purpose. To use the words of a scholar as far back as 1914, Massachusetts gave us 'the fully developed convention.'^ Some of tbe provisions of the resulting constitu- tion were original, but tbe framers borrowed heavily as well. Altbough a number of historians have written at length about this constitution, notably Prof. Samuel Eliot Morison in sev- eral essays, none bas discussed its construction in detail.^ This paper in a slightly different form was read at the annual meeting of the American Antiquarian Society on October IS, 1980. ' Andrew C. McLaughlin, 'American History and American Democracy,' American Historical Review 20(January 1915):26*-65. 2 'The Struggle over the Adoption of the Constitution of Massachusetts, 1780," Proceedings of the Massachusetts Historical Society 50 ( 1916-17 ) : 353-4 W; A History of the Constitution of Massachusetts (Boston, 1917); 'The Formation of the Massachusetts Constitution,' Massachusetts Law Quarterly 40(December 1955):1-17. -
Recent Publications Relating to the Work of EUGEN ROSENSTOCK-HUESSY 1973 to the Present
1 eeee Recent Publications Relating to the Work of EUGEN ROSENSTOCK-HUESSY 1973 to the Present (Listed by date of publication unless otherwise noted) (As of June 10, 2013 –A compilation in continuous progress) CONTENTS - I. Books - II. Journal Articles, Essays in Collections, and Book Reviews - III. Online/Electronic - IV. Ph. D. Dissertations, Encyclopedia Entries, and Other Special Formats - V. Publications of the Eugen Rosenstock-Huessy Gesellschaft - VI. Unpublished Conference Presentations and the Like ___________________ Corrections or comments concerning this list should be sent to: [email protected] or to Norman Fiering, P. O. Box 603233, Providence, RI 02906. For information about joining the ERH Society, please write to the same. - I. BOOKS - 2 I. BOOKS •Raley, Harold C., José Ortega y Gasset: Philosopher of European Unity (University, Alabama: University of Alabama Press, 1971). Ortega and R-H have much in common, particularly in their understanding of history. Raley cites R-H in a number of footnotes and is full of praise (cf. p. 123n): “In language as powerful as Ortega’s and with an understanding at least as deep, [R-H] says of Rationalism: ‘The abstractions that prevailed in philosophy from Descartes to Spencer, and in politics from Machiavelli to Lenin, made caricatures of living men. etc.’” quoting from Out of Revolution. The European Union is in a phase now of determining essentially what “Europe” means, which inescapably calls attention to “its” history. Out of Revolution should find new readers because of this quest. Raley says of Out, “An extraordinary, indeed a stupendous, achievement in historiography, with fresh original insights on virtually every one of its 800 pages.” •Ritzkowsky, Ingrid, Rosenstock-Huessys Konzeption einer Grammatik der Gesellschaft (Berlin, 1973) • Rohrbach, Wilfrid, Das Sprachdenken Eugen Rosenstock-Huessys; historische Erörterung und systematische Explikation (Stuttgart: W. -
Page Smith Papers, Ca
http://oac.cdlib.org/findaid/ark:/13030/kt6f59s0hd No online items Page Smith papers, ca. 1952-1964 Finding aid prepared by UCLA Library University Archives staff; machine-readable finding aid created by Caroline Cubé. UCLA Library Special Collections Room A1713, Charles E. Young Research Library Box 951575 Los Angeles, CA, 90095-1575 (310) 825-4988 [email protected] Finding aid last modified on 13 April 2016. Page Smith papers, ca. 620 1 1952-1964 Title: Page Smith papers Collection number: 620 Contributing Institution: UCLA Library Special Collections Language of Material: English Physical Description: 15.0 linear ft.(15 cartons) Date (inclusive): ca. 1952-1964 Physical location: Stored off-site at SRLF. Advance notice is required for access to the collection. Please contact UCLA Library Special Collections for paging information. Creator: Smith, Page 1917-1995 Restrictions on Access COLLECTION STORED OFF-SITE AT SRLF: Open for research. Advance notice required for access. Contact the UCLA Library Special Collections Reference Desk for paging information. Restrictions on Use and Reproduction Property rights to the physical object belong to UCLA Library Special Collections. Literary rights, including copyright, are retained by the creators and their heirs. It is the responsibility of the researcher to determine who holds the copyright and pursue the copyright owner or his or her heir for permission to publish where The UC Regents do not hold the copyright. Provenance/Source of Acquisition The Page Smith Papers were acquired in 2004 from the Page Smith family and in cooperation with the Special Collections and Archives of the Library, University of California, Santa Cruz. -
A History of the Third Term Tradition, 1789-1928
University of the Pacific Scholarly Commons University of the Pacific Theses and Dissertations Graduate School 1940 A history of the third term tradition, 1789-1928 Elmer Ellsworth Stevens University of the Pacific Follow this and additional works at: https://scholarlycommons.pacific.edu/uop_etds Part of the American Politics Commons, Political History Commons, and the United States History Commons Recommended Citation Stevens, Elmer Ellsworth. (1940). A history of the third term tradition, 1789-1928. University of the Pacific, Thesis. https://scholarlycommons.pacific.edu/uop_etds/991 This Thesis is brought to you for free and open access by the Graduate School at Scholarly Commons. It has been accepted for inclusion in University of the Pacific Theses and Dissertations by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. A HISTORY,, OF THE THIRD TERM TRADITION 1789 - 1928 ~--...... - ·- .." .·•. ',;'. i :.<!" '. ·.;• by ~ ,., ' Elmer E. Stevens H• May 20, 1940 A Thesis Submitted to the Department of History C9llege of the Pacific In partial fulfillment of the Requirements for the Degree of Master of Arts APPROVED ?J!at~ rr. ~ Chairman of the Thesis Committee DEPOSITED IN THE COLLEGE LIBRARY: Librarian DATED: To Dr. Malcolm H. Eiselen, teacher, guide and friend, for his patience a.nd advice and to my wife, Margaret, I dedicate this thesis A CKJ-J 0 \iVLEDG EMENT For their· help 2.nd encouragement, I am e;rateful to Dr. M. R, Eiselen, ~L. Margaret Stevens, Dr. G, A, vVerner, Marie L. Breniman, Lorraine Knoles, ' Dr, Tully C, Knoles, Albert c. Gerould and the staff of the California State "! Library. -
Bridging the Gap Between Popular Sovereignty and Original Intent
Fordham Law Review Volume 69 Issue 5 Article 28 2001 "Public Citizens" and the Constitution: Bridging the Gap between Popular Sovereignty and Original Intent Robert W. Scheef Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Robert W. Scheef, "Public Citizens" and the Constitution: Bridging the Gap between Popular Sovereignty and Original Intent, 69 Fordham L. Rev. 2201 (2001). Available at: https://ir.lawnet.fordham.edu/flr/vol69/iss5/28 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]. NOTE "PUBLIC CITIZENS" AND THE CONSTITUTION: BRIDGING THE GAP BETWEEN POPULAR SOVEREIGNTY AND ORIGINAL INTENT Robert W. Schef, I sincerely congratulate the citizens of America upon the fair prospect which now presents itself to their view; and promises a long reign of virtue, happiness, and glory, as the result of a constitution which is the real vox populi so often ardently desired by mankind, in vain, and now, for the first time, discovered by the patriotic sages of America.1 INTRODUCTION "A Real Patriot's" congratulatory note to the citizens of America highlights two points regarding the creation of the Constitution. First, it was the people who had the right to establish the fundamental law upon which government was based. As Thomas Jefferson declared in the Declaration of Independence, it was the people's right "to alter or to abolish" government, and "to institute new government" to secure2 fundamental rights to "life, liberty and the pursuit of happiness. -
Beatrix Farrand's Early Years at the Arnold Arboretum
Lady into Landscape Gardener: Beatrix Farrand’s Early Years at the Arnold Arboretum Jane Brown One of America’s great landscape gardeners, Beatrix Farrand was deeply influenced by Professor C. S. Sargent, the Arboretum’s first director. For the whole of her long and successful refers to herself as "the old lady" whose mind career, Beatrix Farrand was consistently and works very slowly-are dated in the spring of loyally appreciative of the place she regarded 1953, just six years before her death. as her alma mater, the Arnold Arboretum. This well-documented relationship of her Her gratitude and affection shine through her later years will be the subject of a future public writings, from a piece she called "The Arnoldia article, but for the moment, I would Debt of Landscape Art to a Museum of Trees" like to concentrate upon how it all began. For for the Architectural Record of November my forthcoming book on Beatrix Farrand’s life 1918/ to her pieces for Arnoldia in 1949, and work, I have had to piece together much describing her work on the azalea border and more elusive evidence on how she came to her layout plan for Peters Hill.2 Her friendship study at the Arnold in the 1890s and what she with Professor Charles Sprague Sargent, her did there. She left no diaries or letters of that adored "Chief," who had taught her "by time, and her references to it were persistently precept and example," was maintained until vague, even to the drafting of what amounted the end of his life in 1927; and after that, she to her own obituary, for the Reef Point Bulle- conducted a lengthy and vigorous correspon- tin, where she mentioned "a fortunate meet- dence with Alfred Rehder and Karl Sax, and ing" (one of many in her life) with Mrs. -
Abbott, Judge , of Salem, N. J., 461 Abeel Family, N. Y., 461
INDEX Abbott, Judge , of Salem, N. J., 461 Alexandria, Va., 392 Abeel family, N. Y., 461 Alleghany County: and Pennsylvania Abercrombie, Charlotte and Sophia, 368 Canal, 189, 199 (n. 87) ; and Whiskey Abercrombie, James, 368 Rebellion, 330, 344 Abington Meeting, 118 Alleghany River, proposals to connect by Abolition movement, 119, 313, 314, 352, water with Susquehanna River and Lake 359; contemporary attitude toward, Erie, 176-177, 180, 181, 190, 191, 202 145; in Philadelphia, 140, 141; meeting Allen, James, papers, 120 in Boston (1841), 153. See also under Allen, Margaret Hamilton (Mrs. Wil- Slavery liam), portrait attributed to James Clay- Academy of Natural Sciences, library, 126 poole, 441 (n. 12) Accokeek Lands, 209 Allen, William, 441 (n. 12) ; papers, 120, Adams, Henry, History of the United 431; petition to, by William Moore, States . , 138-139 and refusal, 119 Adams, John: feud with Pickering, 503; Allen, William Henry, letters, 271 on conditions in Pennsylvania, 292, 293, Allhouse, Henry, 203 (n. 100) 300, 302; on natural rights, 22 Allinson, Samuel, 156, 157 Adams, John Quincy: position on invasion Allinson, William, 156, 157 of Florida, 397; President of U. S., 382, Almanacs, 465, 477, 480, 481-482 408, 409, 505, 506; presidential candi- Ambrister, Robert, 397-398 date, 407, 502-503, 506 American Baptist Historical Society, 126 Adams, John Stokes, Autobiographical American Catholic Historical Society of Sketch by John Marshall edited by, re- Philadelphia, 126 viewed, 414-415 American Historical Association: Little- Adams and Loring, 210 ton-Griswold committee, publication of Adams County, 226; cemetery inscriptions, Bucks Co. court records, 268; meeting, 273 address by T. -
Introduction the Regional History Project Conducted Five Interviews
Introduction The Regional History Project conducted five interviews with Page Smith from January 23 to July 17, 1974, as part of its University History series. During the last interview session, Smith informed his interviewer, Elizabeth Calciano, that he had second thoughts about publishing an edited transcript (which had been the understanding at the start of the interview project) and that he preferred instead that people listen to the tape-recordings. The release of the infamous Watergate tapes influenced his decision; he believed at the time that a written transcript would not accurately convey the content or tone of his spoken interviews and wanted no ambiguity in his recollections. The concluding chapter of this volume (Smith’s Second Thoughts about this Oral History”) contains his reasons for this change of heart. Calciano told Smith that she would put the transcript away and hoped that he would reconsider releasing the manuscript at a later date. In 1987 I met with Smith at his home in Bonny Doon, gave him an edited transcript and requested that he read it over, make corrections, and consider releasing the printed text. I heard nothing from him but assumed that someday the manuscript would be published. Smith died in Santa Cruz on August 28, 1995, of leukemia. In November, 1995, I wrote Smith’s daughter, Anne Easley, and explained the circumstances surrounding the oral history. I gave her a copy of her father’s transcript, asked if she could find the manuscript I’d given him, and requested that she consider with her family the possibility of publishing the volume. -
The Creation of the Constitution: Scholarship at a Standstill James H
The Creation of the Constitution: Scholarship at a Standstill James H. Hutson Reviews in American History, Vol. 12, No. 4. (Dec., 1984), pp. 463-477. Stable URL: http://links.jstor.org/sici?sici=0048-7511%28198412%2912%3A4%3C463%3ATCOTCS%3E2.0.CO%3B2-H Reviews in American History is currently published by The Johns Hopkins University Press. Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/journals/jhup.html. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. The JSTOR Archive is a trusted digital repository providing for long-term preservation and access to leading academic journals and scholarly literature from around the world. The Archive is supported by libraries, scholarly societies, publishers, and foundations. It is an initiative of JSTOR, a not-for-profit organization with a mission to help the scholarly community take advantage of advances in technology. For more information regarding JSTOR, please contact [email protected]. http://www.jstor.org Fri Feb 29 14:29:17 2008 THE CREATION OF THE CONSTITUTION: SCHOLARSHIP AT A STANDSTILL James H. -
If James Madison Had Had a Sense of Humor1
IF JAMES MADISON HAD HAD A SENSE OF HUMOR1 HE Historical Society of Pennsylvania has an exhibition that Tstands among the highest of the many that have been prepared in recognition of the 150th anniversary of the Constitution. The accompanying catalogue is one of the features raising this exhibition to pre-eminence. An excellent introductory essay by the Librarian, Mr. Julian P. Boyd, is followed by a bibliographical description of the items shown which is a model of completeness and accuracy. Sev- eral times in that bibliography occurs the cryptic comment, "Not in Farrand." Aside from the modest disclaimer that he is neither omnis- cient nor omnivorous, the editor would be the first to declare that the Records do not include one sort of material that is necessary to understand the formation of the Constitution. That missing feature is the subject of the paper presented to you this afternoon. Under the circumstances, the temptation was almost irresistible to take as the title, "Not in Farrand," but on the whole it seemed more decorous to make Madison responsible for the defi- ciency. The publication in 1840 of T^he Takers of James ^Madison gave the world its first comprehensive and trustworthy account of what had taken place in the convention that framed the Constitution of the United States. This statement does not overlook the printing early in 17882 of Luther Martin's report to the Maryland House of Representatives. That effusion with its superfluity of italics ought never to have been called Qenuine Information, for little in the nature of fact is to be found therein. -
The Origin of Speech
THE ORIGIN OF SPEECH THE ORIGIN OF SPEECH Eugen Rosenstock-Huessy INTRODUCTION BY HAROLD M. STAHMER ARGO BOOKS NORWICH, VERMONT Copyright © 1981 by Argo Books, The Eugen Rosenstock-Huessy Fund, Inc. All rights reserved. Printed in the United States of America. No part of this book may be reproduced in any manner without written permission from the publisher, except for brief quotations in critical articles and reviews. Published by Argo Books, Norwich, Vermont 05055. Copies of this book may be obtained from the publisher at that address; in Europe copies are available from Argo Books, Pijperstr. 20, Heemskerk, Netherlands. FIRST EDITION *1 Library of Congress Cataloging in Publication Data Rosenstock-Huessy, Eugen, 1888-1973. The origin of speech. Based in part on: Die Sprache des Menschengeschlechts. Bibliography: p. Includes index. * 1. Language and languages — Origin — Addresses, essays, lectures. 2. Languages — Philosophy — Addresses, essays, lectures. I. Title. P116.R67 1981 40T.9 81-20527 ISBN 0-912148-13-6 (pbk.) AACR2 Contents INTRODUCTION IX by Harold M. Stahmer 1 THE AUTHENTIC MOMENT OF SPEECH 2 Pre-formal, formal, informal speech — the father explains the child — formal speech is naming speech — names and pronouns — politics and religion create new speech 2 THE FOUR DISEASES OF SPEECH 10 War, crisis, revolution and decay — healthy speech creates peace, trust, respect, freedom — formal speech: the spoken and written word 3 CHURCH AND STATE OF PREHISTORIC MAN 19 From tomb to womb — death is the womb of time — the origin of human -
Why Constitutional Lawyers and Historians Should Take a Fresh
Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Hofstra Law Faculty Scholarship 1993 Why Constitutional Lawyers and Historians Should Take a Fresh Look at the Emergence of the Constitution from the Confederation Period: The Case of the Drafting of the Articles of Confederation Eric M. Freedman Maurice A. Deane School of Law at Hofstra University Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship Recommended Citation Eric M. Freedman, Why Constitutional Lawyers and Historians Should Take a Fresh Look at the Emergence of the Constitution from the Confederation Period: The Case of the Drafting of the Articles of Confederation, 60 Tenn. L. Rev. 783 (1993) Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/62 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Faculty Scholarship by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. WHY CONSTITUTIONAL LAWYERS AND HISTORIANS SHOULD TAKE A FRESH LOOK AT THE EMERGENCE OF THE CONSTITUTION FROM THE CONFEDERATION PERIOD: THE CASE OF THE DRAFTING OF THE ARTICLES OF CONFEDERATION ERIC M. FREEDMAN* Table of Contents INTRODUCTION ........................................ 784 I. THE PROBLEM: THE CRITICAL WEAKNESSES OF "THE CRITICAL PERIOD" .................................... 785 1I. TESTING A SOLUTION: A RECONSIDERATION OF THE DRAFTING OF THE ARTICLES OF CONFEDERATION ....................... 797 A. Outline of CongressionalProceedings .................. 797 B. PriorInterpretations ................................ 801 1. The Jensen Thesis ................................ 801 2. Newer Interpretations ............................ 803 3. An Assessment ................................. 804 a. The Jensen Thesis ........................... 804 b.