109 research outputs found

    “The People Surrender Nothing”: Social Compact Theory, Republicanism, and the Modern Administrative State

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    The Article’s argument proceeds in four parts. Part I provides an overview of the scholarly arguments in defense of the nondelegation doctrine. It describes three arguments in favor of the nondelegation doctrine: the separation of powers, political accountability, and constitutional text. Part II argues that social compact theory – not separation of powers, accountability, or constitutional text – is the true foundation of the nondelegation principle. Part III connects the theory of the social compact to the basic principles of republican government, which require that legislative powers are exercised by the representatives of the people chosen through elections. Part IV concludes by tentatively discussing the implications of this argument for contemporary administrative government

    John Hampden Randolph, A Southern Planter

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    John Hampden Randolph, a native of Virginia born in 1813 came to Mississippi with his parents in 1819. He grew up on his father\u27s plantation in Wilkinson County and subsequently became a cotton farmer. This was his occupation in Mississippi until 1841 when he bought a plantation in Iberville Parish, Louisiana to which he moved in December of that year. For three years he raised cotton as a staple on his plantation. Forest Rome, but at the end of that time changed to sugar cane. In the period prior to the Civil War and in the years shortly after its close, Randolph built up a large estate and in the meantime became a very successful sugar planter. By 1871 his landed possessions in Iberville Parish amounted to over 7000 acres which, however, included more than 3000 acres of swamp land. He also owned lands in the states of Iowa, Minnesota, and Texas. In 1858 he built a beautiful mansion on his plantation fronting the Mississippi River and named it Nottoway, after the County in Virginia where his ancestors had lived. During the Civil War Randolph held on to his land in Louisiana and Texas, and about 1863 took his slaves and other valuable property to Texas, where he cultivated his land in that state. After the war he returned to Louisiana with a number of the Negroes, many of whom continued to work for him as freedmen. The estate diminished in size in the 1870\u27s and at the time of his death in 1883, Randolph owned only Nottoway plantation end his swamp land. His heirs disposed of these lands that remained

    News Article Reporting on the Actions of an Enslaved Person Named Judy and 8 Other Enslaved Persons

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    News article describing the plans that an enslaved woman named Judy carried out with an unnamed accomplice (presumed enslaved man) to remove 7 other enslaved persons named Thomas, Hannah, Caesar, London, Ishmael, Captain, and Anthony from Round O Plantationhttps://egrove.olemiss.edu/lanternproject/1088/thumbnail.jp

    Learning Support English

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    This Grants Collection uses the grant-supported open textbook The Roadrunner\u27s Guide to English from Dalton State College: http://oer.galileo.usg.edu/english-textbooks/9 This Grants Collection for Learning Support English was created under a Round Three ALG Textbook Transformation Grant. Affordable Learning Georgia Grants Collections are intended to provide faculty with the frameworks to quickly implement or revise the same materials as a Textbook Transformation Grants team, along with the aims and lessons learned from project teams during the implementation process. Documents are in .pdf format, with a separate .docx (Word) version available for download. Each collection contains the following materials: Linked Syllabus Initial Proposal Final Reporthttps://oer.galileo.usg.edu/english-collections/1000/thumbnail.jp

    Against the Chenery II Doctrine

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    The Supreme Court’s 1947 decision in SEC v. Chenery Corp. (“Chenery II”) is generally taken as blanket authorization for agencies to make law through either adjudication or rulemaking if their organic statutes permit both modes. We think this is an overreading of the doctrine. The decision in Chenery II need not be read so broadly, and there are good reasons to read it more narrowly. The most important reason is that agency lawmaking through adjudication presents serious constitutional concerns involving due process of law and subdelegation of legislative power, at least if the agency action deprives people of life, liberty, or property. The subdelegation concern is present even if, as we assume in this article, Congress has some authority to subdelegate a measure of legislative power. Congress can only subdelegate power that it possesses, and Congress possesses no power to deprive people of rights through adjudication, so agencies cannot receive such power from Congress. Nor do agencies have any inherent executive power to deprive people of rights through adjudication; that principle is the essence of due process of law. We treat these constitutional concerns as a reason to read statutory authorizations to federal agencies narrowly to create a presumption against, rather than for, agency power to make law through adjudication. We also take a close look at the Chenery II case, including close looks at the arguments of counsel and the correspondence of the Justices, to show how a narrower reading of Chenery II is both possible and desirable. Finally, we examine some of the consequences of a narrower reading of Chenery II. Those consequences are both modest and consistent with rule-of-law values

    African American Biographies : Bulloch County

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    A collection of biographies of African American citizens who have made major contributions to community life in Bulloch County. Included are the biographies of Julia Pearl Armstrong Bryant, George Franklin Campbell, R.W. Campbell, Eldridge Cone, Minnie Stewart Evans, Phoebe Ann Small Floyd, William James, Reverend Willie Daniel Kent, Willie Gordon Lovett, Laura Bell Hendly Martin, Luetta Leverette Moore, Beatrice Riggs, Amanda Love Smith, Willie Albert Smith, Sr., and Harvey Van Buren.https://digitalcommons.georgiasouthern.edu/bchs-pubs/1005/thumbnail.jp

    From Aaron to Ivanhoe

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    A collection of Bulloch County history materials compiled by Charles Bonds, Dorothy Brannen, Maggie Collins, Dan Good, Nkenge Jackson, Evelyn Mabry, Carolyn Postell, Robert M. Seel, and Rita Turner Wall. Included are a brief history of Bulloch County, an article on local 19th century architecture, two accounts on county history by Rita Turner Wall, a short history of Willow Hill School, a report on the research on Willow Hill School, “Extinct Towns in Bulloch County,” “Pretoria Station,” the biographies of Beatrice Riggs and Laura Bell Hendley Martin, three articles from the Bulloch Times on the memories of a Confederate veteran and the 1865 Census of Bulloch County. The index to this collection was compiled by Julius Ariail.https://digitalcommons.georgiasouthern.edu/bchs-pubs/1014/thumbnail.jp

    Laser Induced Fluorescence Spectroscopy of molecular bromine: Observations of Emission to High Vibrational Levels in the Ground (X) State

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    The Laser Induced Fluorescence spectrum of the B - X system of molecular bromine was recorded using a Red and Near Infrared sensitive PMT coupled to a scanning monochromator. A 543 nm HeNe laser was used to excite three resonances. Assignment of those resonances was made. A line narrowed Nd:YAG laser was used to excite eight fluorescence progressions, six from the (79,81) bromine isotopomer and one each from the (79,79) bromine and (81,81) bromine isotopomers. Analysis of the visible bands helped determine the resonances excited by the Nd:YAG laser. Fluorescence in the near infrared region, 9500 - 14000 angstroms, was recorded involving the v = 28 - 44 vibrational levels in the ground state. This data set, together with the data from previous work from Bernath and coworkers [J. Mol. Spectrosc. 200, 104-119 (2000)], was used to derive a set of Dunham coefficients to describe the ground state. In addition, an RKR curve was constructed for levels in the X state v = 0 - 44. Thus, we have extended observation to levels three quarters of the way to the dissociation limit
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