This page in a nutshell: This page is a sandbox page of Drdpw and is not an encyclopedia article. It serves as my testing spot and page development space for proposed Wikipedia articles. I also have two other sandboxs: User:Drdpw/sandbox and User:Drdpw/sandbox1. |
Compact Clause
edit- State Compacts As A Method Of Settling Problems Common To Several States, William J. Donovan, University of Pennsylvania Law Review, November 1931, pages 5–16
- Interstate Compacts Factsheet, National Center for Interstate Compacts at www.csg.org – Council of State Governments, Lexington, Kentucky.
- The Compact Clause Of The Constitution – A Study In Interstate Adjustments, Felix Frankfurter, James M. Landis, Yale Law Journal, volume 34, issue 7, May 1925, pages 685–758
- Interstate Compacts: United States, Interstate Compacts in the United States, Andrew Winston, June 2018, The Law Library of Congress, Global Legal Research Center
- ArtI.S10.C3.3 Compacts Clause, The Constitution Annotated, Congress.gov
- Compact Clause Law and Legal Definition, uslegal.com
- Interstate Compacts, law.cornell.edu
- Recent Compact Litigation and Legislation, Rick Masters, National Council of State Boards of Nursing
- Compacts and Agreements Between States and Between States and a Foreign Power, Herbert H. Naujoks, Marquette Law Review, Volume 36, Issue 3, Winter 1952–1953, Article 2
- Stranger in the Land of Federalism: A Defense of the Compact Clause, Jacob Finkel, Stanford Law Review, Volume 71 June 2019, pages 1575–1620.
- State Empowerment and the Compact Clause, James F. Blumstein, Thomas J. Cheeseman, William & Mary Bill of Rights Journal, Volume 27, Issue 3, 2019, pages 775–827.
- Essays on Article I: Compact Clause, Michael S. Greve, Heritage Guide to the Constitution, The Heritage Foundation.
- Koza, John R.; Fadem, Barry; Grueskin, Mark; Mandell, Michael S.; Richie, Robert; Zimmerman, Joseph F.. Every Vote Equal: A State-Based Plan for Electing the President by National Popular Vote. 5 – Background on Interstate Compacts, pages 205–253. Los Altos, California: National Popular Vote Press. Fourth Edition. 2013. 978-0-9790107-3-6.
- The Federal Government and Interstate Compacts, Richard H. Leach, Fordham Law Review, Volume 29, Issue 3, pages 421–446, 1961
- Muller, Derek T., The Compact Clause and the National Popular Vote Interstate Compact (April 3, 2012). Election Law Journal, Vol. 6, p. 372, 2007. via Social Science Research Network.
- Separation of Powers—State–Tribal Relations and Interstate Compacts, National Conference of State Legislatures, Denver, Colorado
Impeachment
editIndispensable Remedy: The Broad Scope of the Constitution’s Impeachment Power, Cato Institute. Gene Healy, September 12, 2019.
◆ Impeachment: federal government ◆
- Impeachment
- Impeachment in the United States
- articles of impeachment
- U.S. presidential impeachment
- Impeachment investigations of United States federal officials
- Impeachment investigations of United States federal judges
- Consolidate U.S. presidential impeachment and Impeachment investigations of United States federal officials and Impeachment investigations of United States federal judges and redirect (along with titles redirected to them) to List of impeachment investigations of United States federal officials.
- Impeachment of Andrew Johnson
- Impeachment process against Richard Nixon
- Impeachment of Bill Clinton
- Efforts to impeach George W. Bush
- Efforts to impeach Barack Obama
- Efforts to impeach Donald Trump
- Impeachment inquiry against Donald Trump
- Impeachment of Donald Trump
- Impeachment trial of Donald Trump
◆ List of presidents of the United States by military rank
◆ List of presidents of the United States by military service
◆ List of presidents of the United States by other offices held
◆ List of presidents of the United States by previous experience.
Bazan, Elizabeth B. (December 9, 2010). Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice (PDF) (Report). Washington, D.C.: Congressional Research Service, Library of Congress. 98-186, 32 pages – via University of North Texas Libraries, Digital Library, UNT Libraries Government Documents Department.
Cole, Jared P.; Garvey, Todd (2015). Impeachment and Removal (PDF) (Report). Washington, D.C.: Congressional Research Service. R44260 – via University of North Texas Libraries, Digital Library, UNT Libraries Government Documents Department.
Hudiburg, Jane A.; Davis, Christopher M. (2018). Resolutions to Censure the President: Procedure and History (PDF) (Report). Washington, D.C.: Congressional Research Service. R45087 – via University of North Texas Libraries, Digital Library, UNT Libraries Government Documents Department.
Rybicki, Elizabeth; Greene, Michael (2019). The Impeachment Process in the House of Representatives (Report). Washington, D.C.: Congressional Research Service. R45769.
Stathis, Stephen W.; Huckabee, David C. (1998). Congressional Resolutions on Presidential Impeachment: A Historical Overview (PDF) (Report). Washington, D.C.: Congressional Research Service. 98-763 – via University of North Texas Libraries, Digital Library, UNT Libraries Government Documents Department.
United States House of Representatives (2007). "Section II—Jurisdictions History of the Judiciary Committee: Impeachment" (PDF). A History of the Committee on the Judiciary 1813–2006. Washington, D.C.: U.S. Government Publishing Office. pp. 115–136. H. Doc. 109-153.
Hinds' precedents of the House of Representatives of the United States : including references to provisions of the Constitution, the laws, and decisions of the United States Senate, Volume III. Asher C. Hinds; published by authority of the act of Congress approved March 4, 1907.
Impeaching Federal Judges, Regent University Law Review.
Impeachment Grounds: A Collection of Selected Materials, October 29, 1998, Charles Doyle; CRS.
Impeachments of Federal Judges, Federal Judicial Center.
Presidential succession
editJohn Adams did not actively attempt to oppose George Washington's re-election to the presidency in 1792. However, electoral rules of the time required each presidential elector to cast two votes without distinguishing which was for president and which was for vice president. The recipient of the most votes would then become president, and the runner-up vice president. Washington received 132 electoral votes, one from each elector. Adams won 77 electoral votes, enough to win re-election. Three other candidates won the 55 remaining electoral votes.[1]
- Jefferson and Burr both received seventy-three electoral votes in the 1800 presidential election, throwing the election to the House of Representatives. There the Federalists maintained a majority; however under the Constitution, voting to elect the President is done by state delegation, with each state having a single vote. Under this rule, neither party had a majority because some states had split delegations.54 Given this deadlock, Republicans faced two new undesirable outcomes—the Federalists might give the presidency to Aaron Burr, or worse, they could refuse to break deadlock leaving a Federalist—Secretary of State John Marshall—as Acting President.[2]
- Ferling, John (2004). Adams vs. Jefferson: The Tumultuous Election of 1800. New York, New York: Oxford University Press. ISBN 978-0-19-518906-3.
- Thomas W. Ferry. Ferry's brush with the presidency was more of a theoretical one, but all too real under the election laws of 1876 during the Tilden-Hayes election. Congress appointed a 15-person commission, including five Supreme Court Justices, to settle the disputed race. The commission ruled in favor of Hayes just two days before the inauguration. Ferry was the Senate president pro tempore at the time and he would have been the Acting President if the Electoral College vote wasn't certified on March 4, 1877.[3]
Interpreting the Constitution Kent Greenawalt, Oxford University Press, 2015, 978-0-19-975615-5, pages 147–148 RE:"political question"
- The Presidential Succession Act of 1886
- Presidential Succession: How the US Decided Who Takes Over: Who Succeeds to the US Presidency if the President Dies?
- The Presidential Succession Act 1886
- Presidential Succession and Inability: Before and After the Twenty-Fifth Amendment John D. Feerick Fordham Law Review Volume 79|Issue 3 Article 8 907–949 John D. Feerick, Presidential Succession and Inability: Before and After the Twenty-Fifth Amendment, 79 Fordham L. Rev. 907 (2011).
Available at: https://ir.lawnet.fordham.edu/flr/vol79/iss3/8]
- ir.lawnet.fordham.edu
- CRS Report RS21089, Continuity of Government: Current Federal Arrangements and the Future
- The Constitution in primetime: 'Designated Survivor' and presidential succession September 21, 2016 Chris Calabrese Constitution Daily National Constitution Center
- America's System for Presidential Succession is Ridiculous By Joshua Spivak October 14, 2015 TIME
- 1947 Truman signs second Presidential Succession Act
- Truman signs Presidential Succession Act, July 18, 1947 By ANDREW GLASS 07/18/2016 Politico
- Why the Speaker of the House Is Second in Line for the Presidency TIME By Sarah Begley October 9, 2015
- The Time Is Right to Fix the Presidential Line of Succession Jonathan Bernstein’s morning links by Jonathan Bernstein May 11, 2018
- American presidential succession is a ticking time bomb WHET SMITH AND MARK J. ROZELL, The Hill - 8/1/17
- FROM FAILING HANDS: The Stary of Presidential Succession John D. Feerick FORDHAM UNIVERSITY PRESS New York 1965 LIBRARY OF CONGRESS CATALOG CARD NUMBER: 65-14917
"There is no indication that anyone thought that the Vice-President whether referred to as acting as President, succeeding the President, supplying his place, or executing the office of President would actually become President." p. 56
The prospect of “dual inabilities” of the President and Vice President lurked behind two of the four presidential assassinations. Vice President Andrew Johnson was targeted as part of the Lincoln assassination plot in 1865.257 When President Kennedy was assassinated in 1963, Vice President Lyndon Johnson was “in an open convertible” two cars behind the Kennedys.258 Beyond these historical illustrations, the danger of a dual inability is evident from the fact that all Presidents and Vice Presidents are frequently in close proximity to one another, including when they are working in the West Wing.259 Additionally, many Vice Presidents have suffered debilitating health problems. One analysis found that “20 of the 47 individuals who have served as vice president have suffered from apparent incapacity or experienced a ‘near miss’ that could have resulted in their incapacity.”260 And seven Vice Presidents have died in office.261<<Fordham Law Review Volume 86 | Issue 3 2017
Section 2 of the Twenty-Fifth Amendment was first invoked in 1973, following Spiro T. Agnew’s resignation as Vice President on October 10.126 Two days later, President Richard M. Nixon nominated Representative Gerald R. Ford of Michigan to replace Agnew. A growing belief among journalists and politicians in Washington that "Sooner or later, Richard Nixon was going to resign or be impeached."
On August 20, 1974, acting under Section 2 of the Twenty-Fifth Amendment, President Ford nominated former New York Governor Nelson A. Rockefeller to replace him,134 who was confirmed by Congress and sworn into office four months later. <<Presidential Succession and Inability: Before and After the Twenty-Fifth Amendment>>
Section 2 of the 25th Amendment has been invoked twice since its ratification:
{Nowrap|1973—}}Gerald Ford was nominated and confirmed to office following Spiro Agnew's resignation. 1974—Nelson Rockefeller was nominated and confirmed to office after Gerald Ford became president upon Richard Nixon's resignation. <<CRS p. 5>>
It was the height of Watergate and the Democratic speaker of the House, Carl Albert, needed advice. With Vice President Spiro Agnew's resignation, and the Nixon presidency imperiled, Albert was suddenly next in line to become president. The vacancy continued for 58 days – between the time that Agnew resigned on Oct. 10, 1973, until Gerald Ford was sworn in as vice president on Dec. 6.
Speaker Albert Was Ready to Be President Ted Gup November 28, 1982
House Speaker Carl Albert stands in the East Room of the White House, right hand raised to take the oath of office as president, left hand on the family Bible. It is fall, 1973. A beleaguered Spiro T. Agnew is gone. Richard M. Nixon has resigned under the Watergate cloud. Gerald R. Ford stands nearby -- a Republican vice president under President Carl Albert, a Democrat.
The scene is more than merely what-might-have-been. It is the opening part of a secret blueprint for a presidential transition from Nixon to Albert. Theodore C. Sorensen, who had been President Kennedy's White House adviser, asked for the assignment and wrote a 19-page "comprehensive contingency plan."
The contents of that memo and correspondence, locked in Albert's personal safe for nine years, describe a time when the House member from Oklahoma stood first in line of succession during Nixon's tottering presidency.
For 58 days between Agnew's resignation Oct. 10, 1973, and Ford's confirmation as vice president Dec. 6, Albert was the immediate successor to President Nixon.
"It was, of course, a period of political and emotional turmoil," Sorensen recalled. "We knew that the future of the presidency was in doubt and, with the office of vice president vacant, the country faced the possibility of unprecedented political succession in which the Democrats Albert might take over the executive branch without having been chosen for that role in an election.
"I don't believe there was any sense of partisan glee or desire to push such a change, but there was concern that if it came about it be done in the most responsible fashion possible."
So sensitive was the plan that its first paragraph provided for its destruction: "Should a new Vice President be confirmed before a presidential vacancy occurs, or should the president Nixon serve out his term, this entire memorandum will become unnecessary and can be destroyed (if you fear that its existence, if discovered, might be misinterpreted as evidence of an improper motivation on your part for the President's ouster)."
But the plan was not destroyed. Today Albert, 74, is working on his memoirs, and Sorensen is a lawyer in private practice. Both agreed to give The Washington Post a copy of that plan as a footnote to history and the Watergate era.
Sorensen's document, dated Nov. 8, 1973, provides Albert with a step-by-step checklist of how and what to do "in those first hours and days of unprecedented pressure" as president.
The candid and thoughtful plan embraces a wide range of subjects: the appropriate tenor of the inauguration, the "succession theme" to be sounded with the media and Congress, risks and pitfalls of office, what to tell Nixon, preservation of Nixon's files for future investigators, a "quick fix" briefing on national security matters, a "basis" for "the earliest public statements as president," "wise men" and "elder statesmen" such as Earl Warren, Elliot L. Richardson, Archibald Cox and George W. Ball to be consulted and many other duties immediately incumbent upon Albert as he became president.
His was to be "a non-partisan administration of national reconciliation and unity," seeking to knit the wounds of Watergate, the Vietnam War and political divisiveness. In keeping with that approach, the Sorensen plan contemplated the unprecedented move of selecting a Republican, House Minority Leader Ford, as vice president.
A "basic posture" was drafted by Sorensen, who had been Kennedy's speechwriter, to serve as a guide for Albert's first statement as president, perhaps even as his inaugural address. Its high rhetoric is reminiscent of Kennedy:
"At no time did I seek this awesome burden, but I cannot shrink from my responsibility . . . . Our principal task now is to heal the wounds which have sorely divided and troubled our country and to renew our national spirit."
The correspondence and extensive interviews with Albert and Sorensen show that Albert, far from shrinking as some believed, was secretly prepared and willing to assume the presidency if necessary. Recalled Albert:
"I didn't even tell the leadership of the House what I was doing . . . People said, 'Oh, he's scared, he doesn't want the thing.' Well, I didn't put on a face of wanting the thing. Why should I? If I had indicated that I wanted it, it would have been a national scandal because the press then would really have clobbered us for anything we did that indicated any rush to get Nixon."
"I was ready to take the job. I wouldn't have run from it. I'd have grabbed it if the circumstances were right," Albert said. "But I seriously doubt . . . that we could have pulled that off.
"I'm not sure that if the word had got out that I was using the powers of my office as Speaker to speed up the Nixon impeachment and slow down the confirmations of Ford as vice president, that it would have worked. I think I know the sensitivity of the American public well enough to know they would have reacted."
But others encouraged him to seek the presidency at that moment and aggressively. Albert recalls then-Rep. Bella Abzug (D-N.Y.) telling him: "Get off your goddamned ass, and we can take this presidency."
Other Democrats were more subtly steering him in that direction. And Majority Leader Thomas P. (Tip) O'Neill Jr. (D-Mass.), Chairman Peter W. Rodino Jr. (D-N.J.) of the Judiciary Committee and others told him of the gravity of the situation, which he says he knew only too well. Was Albert ever tempted to act in his own behalf?
"No, no, I knew better than that. My instincts were against that . . . but I thought about it all the time. I thought about the possibility, what am I going to do and how will it come out?" Albert said.
Not all of Albert's planning was contained in the Sorensen plan. Albert had selected his inner circle of advisers. They included Sorensen, Joseph A. Califano Jr., Dean Rusk, Clark M. Clifford, Bill Moyers, Tommy (the Cork) Corcoran, a Roosevelt New Dealer -- "very smart, a little bit of a fast operator, but I knew that, knew it well" -- and many others who served in the Kennedy and Johnson administrations.
Henry A. Kissinger was to stay, at least "for a while," as secretary of state.
The fantasy was not implausible in November, 1973. By then, Nixon was tangled in the Watergate web, and even two of his attorneys had privately suggested that he resign.
The prospect of Albert, a Democrat, assuming office, while untenable to Nixon and those closest to him, grew ever more palpable for Albert himself. Albert's news conferences were getting bigger attention. He was assigned Secret Service protection. He was briefed on matters of state by the Central Intelligence Agency.
"You can't get around the fact that I was there one breath away from the White House," Albert recalled.
In a "personal and confidential" letter dated Oct. 29, 1973, Sorensen offered to undertake drafting the transition plan. It was nine days after the "Saturday Night Massacre" in which Watergate special prosecutor Archibald Cox was fired and Attorney General Richardson and his deputy, William Ruckelshaus, resigned. Some 22 Watergate-related bills had been introduced in Congress calling for an impeachment investigation.
Sorensen wrote Albert: "I begin with the premise fully realized by you that, whether you wish it or not, you could become president at any time . . . I suggest therefore that a comprehensive 'contingency plan' be prepared, never to be discussed with others, its existence not even to be announced, such plan to lie sealed in your desk for use if needed and for destruction unopened if not -- e.g., when a new vice president is confirmed."
The plan, Sorenson wrote, "should contain recommendations for actions to be taken to unite the country, calm the world and keep the government's domestic and national security machinery functioning."
No stranger to presidential transitions, Sorensen was a top Kennedy aide in 1961 when Kennedy took office as president. He assisted in the transition to President Johnson when Kennedy was assassinated in 1963. In 1972, at the request of presidential candidate George McGovern, he prepared another transition plan that did not have to be used.
Albert took up Sorensen's offer in a tersely worded letter three days after Sorensen's letter. "It is perhaps the part of wisdom that your suggestion should be implemented," Albert wrote.
The "contingency plan," dated Nov. 8, 1973, was organized into three sections: an introduction, "Priorities for the First Day," and "Other Early Tasks and Decisions -- First Week."
The themes of the succession were to be continuity, unity and stability. Sorensen wrote that Albert must take office "without any show of uncertainty, before either the nation, its government servants or its allies lose heart, and before other centers of power in the government, the nation and the world start spinning off in different directions." Ted Gup November 28, 1982 The Washington Post
The Nation: Carl Albert's Plan for a Smooth Succession
Yet the Constitution provides that if Richard Nixon resigns or is removed from office before Congress confirms House Minority Leader Gerald Ford as Vice President, Albert, a Democrat, will automatically become President. That might well cause a national convulsion replete with charges that Albert and his Democrats conspired to undo the 1972 election results by "getting" Nixon and grabbing power illegitimately.
Monday, Nov. 12, 1973 November 12, 1973 | Vol. 102 No. 20
- LIST[4]
- LIST[5]
- S. Pub. 110-18 - Presidents Pro Tempore of the United States Senate Since 1789 August 22, 2008 Secretary of the Senate.
- The Formative Years, 1789–1860 Crawford p. 35, Mangum p. 45, Atchison p. 47,
- A Question of Succession, 1861–1889 vacant periods in 1881 and 1885 pages 55–57
- Presidential Succession in the United States[6]
- Presidential Succession and Inability: Before and After the Twenty-Fifth Amendment[7]
- Presidents get sick and die. What happens next hasn’t always been clear Howard Markel July 18, 2017 PBS NewsHour
■ Arkin, William M. (March 18, 2020). "Exclusive: Inside The Military's Top Secret Plans If Coronovirus Cripples The Government". Newsweek. Retrieved March 30, 2020.
VP Sherman, 1912
editOn Wednesday, Oct. 30, 1912, the body of U.S. Vice President James Schoolcraft Sherman was placed in state in the Oneida County Courthouse in Utica, New York.
MILESTONES: A Utica funeral like no other[8]
The dining room in the Thirteenth Regiment Armory in Brooklyn was crowded that Wednesday evening on Oct. 30, 1912, for President William Howard Taft was handing out awards to employees of the Brooklyn Navy Yard and celebrating the launch of the battleship “New York.” Suddenly, the president was interrupted by an aide who handed him a dispatch. Taft read it, paused for a moment and then told the crowd: “My friends, three years ago you met on an occasion like this to celebrate the launching of the “Florida,” and you were honored by the presence of the vice president of the United States, James Schoolcraft Sherman. It is a very sad duty for me to announce that word has just come that the vice president is dead. “Those who knew him loved him. Those who knew of the service he rendered to his country respected him. I venture to ask that this assemblage adjourn in honor of his memory and that no other proceedings be taken.” A period of silence followed the president’s words and, the Washington Post reported, “As Mr. Taft was escorted to his automobile, the band began to play ’My Country, ‘Tis of Thee.’ Tears came to the president’s eyes.” James Schoolcraft Sherman, former mayor of Utica and longtime member of the House of Representatives, was elected 27th vice president of the United States on a ticket with Taft in November 1908. He died at age 57 at 9:42 p.m. in his home on the east side of Genesee Street, between Clinton Place and Jewett Place (the house was torn down to make room for a supermarket parking lot). Dr. Fayette H. Peck, his physician, said, “The vice president died in the presence of his wife, her brother and sister, his two brothers, his three sons and their wives. He died in a uraemic coma as a result of Bright’s Disease, heart disease and arteriosclerosis.” On Friday, Nov. 1, more than a thousand of his friends – led by fellow Republican Thomas R. Proctor – escorted the carriage carrying his body to the Oneida County Court House on Elizabeth Street. There it was placed in state as thousands of mourners entered the front door on Elizabeth Street, viewed the body and left by a door on Mary Street.
The courthouse was draped in mourning. Near the casket were large wreaths of orchids, roses, carnations and Easter lilies. As members of the Elks Club passed through, each took an ivy leaf from his buttonhole and placed it on the open casket. The vice president had an Elks pin on the lapel of his coat. On Saturday, Nov. 2, the largest funeral in Utica’s history took place. Taft was present as were associate justices of the U.S. Supreme Court Charles Evans Hughes and Mahlon Pitney; former Vice President Charles Fairbanks; many of Taft’s cabinet members; dozens of U.S. senators and congressmen, and many governors from states across the country. Sherman was well-liked, a politician with a genial disposition that had earned him the nickname, “Sunny Jim.” He was considered an outstanding parliamentarian, which served him well in his many years in House of Representatives (1887–91) (1893-1909). More than 25,000 gathered in and around the church for his funeral. Although he was a member of the Dutch Reformed Church, services were held in the First Presbyterian Church because it had the largest church auditorium in the city. (The church then was located on the northwest corner of Columbia and Washington streets.) President M. Woolsey Stryker, president of Hamilton College (Sherman was a member of the Class of 1878), spoke briefly. He concluded, “Good-bye, good and faithful servant, great heart, gentle friend, good-bye.” After the service, nearly 50 carriages carried mourners to the Sherman home for services there. Then it was onto the family mausoleum in Forest Hill Cemetery. The Utica Daily Press wrote: “The scene as the committal service was one never to be forgotten. There were gathered, as closely as could be grouped, the high and the low of the earth, for many of the people who are generally described as ‘just plain folks’ were almost rubbing elbows with the president of the United States.”
As president, Taft was entitled to ride ahead of the hearse, but he preferred to be a mourner and asked to given a place behind Sherman’s immediate family, including his wife, Carrie Babcock Sherman; and their three sons, Sherrill, Richard and Thomas. When the casket was placed on its rests, there was a moment of silence as Taft slowly approached to say “good-bye” to his running mate and friend. The service ended with a choir singing “Nearer, My God, to Thee.” Then the casket was slid into a crypt and the thousands of mourners turned and left.
Drafting & ratification TL
editRhode Island would ultimately be the only state not to send a delegate to the convention.[9]
It was not until May 25 that a quorum of seven states was secured. Each state was allowed to cast a single vote either for or against a proposal during the debates in accordance with the majority opinion of the state's delegates. Throughout the Convention, delegates would regularly come and go, with only 30–40 being present on a typical day. New Hampshire delegates would not join the Convention until more than halfway through the proceedings, on July 23. Two of New York's three delegates abandoned the Convention in mid July with no intention of returning, New York was left unable to vote on any further proposals at the Convention, although Hamilton would continue to periodically attend and occasionally to speak during the debates.[10]
George Washington is elected president of the convention. William Jackson is selected as the secretary to the convention. Alexander Hamilton, Charles Pinckney and George Wythe are chosen to prepare rules for the convention.[11]
It was agreed that the discussions and votes would be kept secret until the conclusion of the convention.[12]
- Larson, Edward J.; Winship, Michael P. (2005). The Constitutional Convention: A Narrative History from the Notes of James Madison. New York, New York: Modern Library. ISBN 978-0-8129-7517-8.
Meaning and application
editThe oath
editI will faithfully execute the office of President of the United States
I will preserve, protect, and defend the Constitution of the United States
What is the new president promising to do? [carry out the responsibilities of president, make sure we are following the Constitution.]
Why does the new president take the oath of office? [demonstrate a commitment that s/he will do her job and respect the principles of the government of the United States. The Constitution requires that the new president take the oath (Article II Section 1).]
Why does s/he have to promise to preserve, protect, and defend the Constitution? [The president is not above the Constitution. S/he must follow the guidelines in the Constitution such as respecting the separation of powers and protecting individual rights.]
What if the person did not have to pledge to preserve, protect, and defend the Constitution? [The President might abuse his/her power. The Constitution ensures that there is a balance of power between the executive, legislative, and judicial branch. It also protects individual rights. Without the Constitution, the President might try to take away individual rights or overpower the legislative and judicial branches.]
Option to "swear" or "affirm"
editAdministered by chief justice
editForms of administering the oath
editBibles
editPhrase "so help me God"
editContingent elections
editProcess: Election of the President and Vice President by Congress: Contingent Election—via UNT digital library
western land cessions
editThe Ohio Company of Associates, also known as the Ohio Company, was a land company whose members are today credited with becoming the first non-Native American group to settle in the present-day state of Ohio. In 1788 they established Marietta, Ohio as the first permanent settlement of the new United States in the newly organized Northwest Territory.
- Ohio Company of Associates work=Ohio History Central| publisher=Ohio History Connection| location=Columbus, Ohio
In 1786, a group of men in Massachusetts, including General Rufus Putnam and Brigadier General Benjamin Tupper, founded the Ohio Company of Associates, a real estate company.
This Day in History - A+E Networks December 20, 1783: Virginia cedes western land to federal government
On this day in 1783, Virginia cedes the vast territory it had previously claimed by right of colonial charter to the federal government of the United States. The Ohio Valley territory, which covered the area north of the Ohio River, east of the Mississippi River, and south of the Great Lakes and Canada, had been contested by Pennsylvania, New York, Massachusetts and Connecticut.
To complicate matters, Congress and the states had promised their soldiers land in payment for their service during the War for Independence. The states without western claims worried that they would forever be poor relations without western land to sell and fill their coffers. The new and fragile union remained at risk of dissolution until the land-claims issue found resolution.
Pennsylvanian John Dickinson first suggested that the states cede their lands to the Continental Congress in 1776. Virginia argued that their western claims superceded those of any of the other states because they were made in the first colonial charter, but the desire of leading Virginians for a stable confederated government outstripped their desire for land. They were the first state to cede significant holdings to the national government. Other states soon followed suit, solidifying the strength and wealth of the union and making western expansion a federal project, which culminated in Jefferson’s brilliantly conceived Northwest Ordinance.
See:
- Maryland's Influence Upon Land Cessions to the United States: With ..., Volume 3, by Herbert Baxter Adams
- Toward Federalism: Virginia, Congress, and the Western Lands, by Peter Onuf The William and Mary Quarterly Vol. 34, No. 3 (Jul., 1977), pp. 353–374
NW
edit- Fort Miami (Ohio)
- John Graves Simcoe
- Indian barrier state
- Fort Greene Ville ohiohistorycentral.org
- A Brief History of Defiance defiancetourism.com
- Treaty of Greene Ville ~ 1795 garstmuseum.org
- Treaty Boulder garstmuseum.org
- Fort Greenville (Ohio) Archaeologicalconservancy.org
- Native American Power in the United States, 1783-1795
- Jay Treaty mountvernon.org
- Treaty Clause heritage.org
- Washington’s Response to a Congressional Request for Documents, 30 March 1796 gwpapers.virginia.edu
Colors
edit· #fbb4ae · #b3cde3 · #ccebc5 · #decbe4 · #fed9a6 · #ffffb3 · #e5d8bd · #fddaec · #d9d9d9
· #f42a18 · #4f8bbe · #59be42 · #9c64ae · #fc970b · #ffff02 · #b9954c · #f20d83 · #818181
→ Table header/footer color ←
To force a cell to match one of the default colors of the class=wikitable
template, use style="background:#EAECF0;"
for the darker header, and style="background:#F8F9FA;"
for the lighter body. #A2A9B1 is the wikitables border color.
Key | Code | Key | Code | Key | Code | Key | Code | Key | Code |
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#aacc99 | #aa55aa | #afeeee | #b9eaea | #b9b9ea | |||||
#b0ceff | #ccff66 | #cccc66 | #ccff99 | #ccffcc | |||||
#d99fe8 | #e888ff | #ea9978 | #eab9b9 | #eaeab9 | |||||
#e3ff2a | #e6e6aa | #ffffcc | #ff8c00 | #ff6060 | |||||
#ffb6b6 | #ff3333 | #ffe6b0 | #fdfd7f | #ffff99 | |||||
#f1ba00 | #ffbbff | #ffe8e8 | #ff00ff | #ffa6ff | |||||
#ffe153 | #fcf5d9 | #008000 | #0ebfe9 | #00bbcc | |||||
#000000 | #00dddd | #0ebfb0 | #0ebc00 | #3333ff | |||||
#66f500 | #66ff99 | #79cdcd | #8d342e | #800080 |
Notes
editReferences
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- ^ Colvin, Nathan L.; Foley, Edward B. (2010). "The Twelfth Amendment: A Constitutional Ticking Time Bomb". University of Miami Law Review. 64 (2): 475–534. Retrieved July 21, 2018.
- ^ "10 people who very nearly became President". Constitution Daily. Philadelphia, Pennsylvania: National Constitution Center. February 19, 2018. Retrieved July 15, 2018.
- ^ "President Pro Tempore". Washington, D.C.: U.S. Senate. Retrieved July 1, 2018.
- ^ "List of Speakers of the House". Washington, D.C.: U.S. House of Representatives. Retrieved July 1, 2018.
- ^ Rankin, Robert S. (February 1946). "Presidential Succession in the United States". The Journal of Politics. 8 (1): 44–56. doi:10.2307/2125607. JSTOR 2125607. S2CID 153441210.
- ^ Feerick, John D. (2011). "Presidential Succession and Inability: Before and After the Twenty-Fifth Amendment". Fordham Law Review. 79 (3): 907–949. Retrieved June 18, 2018.
- ^ Tomaino, Frank (June 11, 2018). "MILESTONES: A Utica funeral like no other". The Times Telegram. Herkimer, New York. Retrieved August 30, 2019.
- ^ "Rhode Island's Ratification of the Constitution: May 29, 1790". Office of the Historian and the Clerk of the House's Office of Art and Archives, U.S. House of Representatives. Retrieved January 9, 2019.
- ^ Larson & Winship 2005, p. 83
- ^ Vile, John R. (April 2006). "The Critical Role of Committees at the U.S. Constitutional Convention of 1787". The American Journal of Legal History. 48 (2): 147–176. doi:10.2307/25434790. JSTOR 25434790.
- ^ Larson & Winship 2005, p. 11