The Divergence of Modern Jurisprudence from the Original Intent for Federalist and Tenth Amendment Limitations on the Treaty Power

[Excerpt] “That the federal treaty-making authority is constrained by the other parts of the Constitution does not sound like the stuff of law journals. It seems like common sense. After all, we would not expect someone to argue that the ability to “regulate Commerce” entitles Congress to disregard the Third Amendment and quarter soldiers in our houses. We would not expect to see an argument that the power to “establish Post Offices” enables Congress to disregard the freedom of the press in the First Amendment. So, why is the Tenth Amendment so fully disregarded with respect to treaties?

Toward a Judicial Bulwark Against Constitutional Extravagance - A Proposed Constitutional Amendment for State Consent Over Judicial Appointments

Imagine a championship football game where one team is allowed to pick all of the referees. Since the beginning of our nation, the line dividing federal and state power has been debated. But it has been decided in the federal courts, where judges were originally chosen by the President with the consent of a Senate that was chosen by the legislatures of the States. Federal judges are still chosen by the President with the consent of the Senate, but the Senate is no longer chosen by the States. With this constitutional change that proponents wrongly argued would not affect state sovereignty, the States lost an important say over the make-up of the federal judiciary that the framers intended for them to have. A constitutional amendment giving each State the power of consent over the federal judges appointed in the jurisdiction of that State is one possibility to give States more say over the referees who will decide the placement of the line between federal and state power. By no means an answer to all constitutional excess, such an amendment—which would likely have both populist and state appeal—is a mechanism to lay the groundwork for moving application of the Constitution back to the framer’s intent

The Speaking Christ in His Royal Office

One might argue as to whether the doctrine of the threefold office of Christ is really usable for a comprehensive description of the work of Christ. There are expositions of Christian doctrine enough which do not follow this pattern at all. There are those who fear that this pattern may do violence to the content: the fullness of the Biblical proclamation concerning the office and the work of Christ may be lost if one seeks to reduce or confine the Biblical titles of honor applied to Christ and the Biblical designations of His office to the triplex munus. Among them is Werner Elert, who is intent upon letting the Biblical proclamation speak in all its multiplicity

Quasi-hydrostatic intracluster gas under radiative cooling

Quasi-hydrostatic cooling of the intracluster gas is studied. In the quasi-hydrostatic model, work done by gravity on the inflow gas with dP \neq 0, where P is the gas pressure, is taken into account in the thermal balance. The gas flows in from the outer part so as to compensate the pressure loss of the gas undergoing radiative cooling, but the mass flow is so moderate and smooth that the gas is considered to be quasi-hydrostatic. The temperature of the cooling gas decreases toward the cluster center, but, unlike cooling flows with dP = 0, approaches a constant temperature of \sim 1/3 the temperature of the non-cooling ambient gas. This does not mean that gravitational work cancels out radiative cooling, but means that the temperature of the cooling gas appears to approach a constant value toward the cluster center if the gas maintains the quasi-hydrostatic balance. We discuss the mass flow in quasi-hydrostatic cooling, and compare it with the standard isobaric cooling flow model. We also discuss the implication of \dot{M} for the standard cooling flow model.Comment: 5 pages, 1 figure, accepted for publication in A&

How the Tenth Amendment Saved the Constitution, Contradicts the Modern View of Broad Federal Power, and Imposes Strict Limitations

This paper challenges the position that the Tenth Amendment merely states an abstract concept and has no place in constitutional interpretation. The history of the Tenth Amendment portrays a much greater significance for this amendment. Not only did the Tenth Amendment likely save the Constitution and preserve the union, but it imposed very real restraints on federal power. The implication for modern courts is that the Tenth Amendment cannot be ignored. Far from just stating a truism, it sets forth a constitutional rule of interpretation that must be applied whenever the scope of any federal power is examined

A language comparison for scientific computing on MIMD architectures

Choleski's method for solving banded symmetric, positive definite systems is implemented on a multiprocessor computer using three FORTRAN based parallel programming languages, the Force, PISCES and Concurrent FORTRAN. The capabilities of the language for expressing parallelism and their user friendliness are discussed, including readability of the code, debugging assistance offered, and expressiveness of the languages. The performance of the different implementations is compared. It is argued that PISCES, using the Force for medium-grained parallelism, is the appropriate choice for programming Choleski's method on the multiprocessor computer, Flex/32

Spectral sum for the color-Coulomb potential in SU(3) Coulomb gauge lattice Yang-Mills theory

We discuss the essential role of the low-lying eigenmodes of the Faddeev-Popov (FP) ghost operator on the confining color-Coulomb potential using SU(3) quenched lattice simulations in the Coulomb gauge. The color-Coulomb potential is expressed as a spectral sum of the FP ghost operator and has been explored by partially summing the FP eigenmodes. We take into account the Gribov copy effects that have a great impact on the FP eigenvalues and the color-Coulomb potential. We observe that the lowest eigenvalue vanishes in the thermodynamic limit much faster than that in the Landau gauge. The color-Coulomb potential at large distances is governed by the near-zero FP eigenmodes; in particular, the lowest one accounts for a substantial portion of the color-Coulomb string tension comparable to the Wilson string tension.Comment: 14 pages, 14 figure

The effect of cave illumination on bats

Artificial light at night has large impacts on nocturnal wildlife such as bats, yet its effect varies with wavelength of light, context, and across species involved. Here, we studied in two experiments how wild bats of cave-roosting species (Rhinolophus mehelyi, R. euryale, Myotis capaccinii and Miniopterus schreibersii) respond to LED lights of different colours. In dual choice experiments, we measured the acoustic activity of bats in response to neutral-white, red or amber LED at a cave entrance and in a flight room – mimicking a cave interior. In the flight room, M. capaccinii and M. schreibersii preferred red to white light, but showed no preference for red over amber, or amber over white light. In the cave entrance experiment, all light colours reduced the activity of all emerging species, yet red LED had the least negative effect. Rhinolophus species reacted most strongly, matching their refusal to fly at all under any light treatment in the flight room. We conclude that the placement and light colour of LED light should be considered carefully in lighting concepts for caves both in the interior and at the entrance. In a cave interior, red LED light could be chosen – if needed at all – for careful temporary illumination of areas, yet areas important for bats should be avoided based on the precautionary principle. At cave entrances, the high sensitivity of most bat species, particularly of Rhinolophus spp., towards light sources almost irrespective of colour, calls for utmost caution when illuminating cave entrances