Forum Replies Created
January 31, 2023 at 8:03 pm in reply to: Is Foreign Aid Constitutional ? #22917
In general, federal courts’ “standing” doctrine means no one can challenge most federal spending in court.January 31, 2023 at 8:01 pm in reply to: Thread of appreciation #22916
You’re entirely welcome.November 24, 2021 at 2:47 pm in reply to: Abridged version of Freeman’s Washington biography #22383
I’m sorry we didn’t get back to you sooner. I’ve contented myself with the abridged version too.November 24, 2021 at 2:46 pm in reply to: Significance of a lesser known founding father. #22382
I’m sorry to say that I don’t know much about him either.November 24, 2021 at 2:43 pm in reply to: Delegates and DC #22381
I agree that it’s not clear what purpose is now served by having large residential areas in D.C.
Yes, state militia service was mandatory, but that’s a different issue. The fact that some states during the Revolution essentially conscripted people into state military units does not mean that the U.S. Constitution gives the Federal Government a conscription power. Absent a conscription power, the Tenth Amendment bans federal conscription. Tom and I have a chapter on this subject in our book Who Killed the Constitution? The two-year limitation means the Congress cannot raise a perpetual army, which was a European practice dangerous to parliaments’ power.November 24, 2021 at 2:36 pm in reply to: Article 1 section 10 – contracts clause #22379
1) Barring particular contractual provisions ab initio is not the same as impairing the obligation of a valid contract; and
2) Chief Justice Taney’s reasoning was that denying people the right to take slaves into the territories denied them a property right without due process–although there was no contract at issue in the case. In other words, his ruling wasn’t about procedure, but about substance.November 24, 2021 at 2:31 pm in reply to: Electoral College Question #22378
The term “Electoral College” has long been used in the U.S. Code in reference to the electors.
http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section4&num=0&edition=prelimNovember 24, 2021 at 2:24 pm in reply to: Executive Orders #22377
If a president wants to repeal existing regulations, he generally has to follow the Administrative Procedures Act, which requires him to post the regulatory change he wants to make, take public commentary for a set period of time, and then promulgate the new reg(s).September 22, 2020 at 12:47 pm in reply to: Slavery in the south #15597
If the South had not seceded, slavery would have continued in the seceding states indefinitely. Abolitionists–people who wanted to use the Federal Government to get rid of slavery in, e.g., Alabama–were very few and unpopular, even in the north.September 22, 2020 at 12:42 pm in reply to: Ratification of Amendment #21116
No, once a state is part of the union, it is bound by the Constitution of the union, which can be amended by either Article V processes.August 2, 2020 at 9:11 pm in reply to: “A more or less perfect Union” – Mini-Series #21102
I still haven’t seen it.August 2, 2020 at 9:10 pm in reply to: Madison and Judicial Supremacy #21114
I understand him to have meant that the courts would have the final say in a particular legal dispute, but not when it came to, say, the text of the Constitution–which the Congress and states could alter.August 2, 2020 at 9:02 pm in reply to: Is an Embassy or Consulate “foreign soil” #20510
The idea of this general forum is that people will answer it if they want to. As you may post any inquiry you’d like on any subject here, it’s not guaranteed that any of the faculty members will know answers to these questions. We do reply to questions posted in the forums related to specific courses.August 2, 2020 at 8:54 pm in reply to: Slavery Reading List #20518
For an introduction, Kolchin, American Slavery.
For a sweeping synthesis, Genovese, Roll, Jordan, Roll.
For the three major American slave systems, Berlin, Many Thousands Gone.
For slavery’s cultural impact, Sobel, The World They Made Together.
An excellent and enlightening comparative account is Kolchin, Unfree Labor: American Slavery and Russian Serfdom.
I also quite like Genovese, The Slaveholders’ Dilemma.
The classic treatment of 100+ years ago is Phillips, American Negro Slavery.
Taylor’s The Internal Enemy: Slavery and War in Virginia, 1772-1832 is well written and of inherent interest.
If you want suggestions on any other subtopics, just ask.