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Matthew Hegreness - One of the best experts on this subject based on the ideXlab platform.

  • An Organic Law Theory of the Fourteenth Amendment: The Northwest Ordinance as the Source of Rights, Privileges, and Immunities
    Yale Law Journal, 2011
    Co-Authors: Matthew Hegreness
    Abstract:

    Since the ratification of the Fourteenth Amendment in 1868, judges and scholars have struggled to coherently identify the rights, privileges, and immunities that no state should abridge. Debates over the ambit of the Fourteenth Amendment, however, have consistently overlooked a crucial source that defines the fundamental civil liberties of American citizens. The Northwest Ordinance of 1787 contains in its Articles of Compact a set of rights that constituted the organic law – the fundamental law – of the United States. Rather than limiting federal power like the Bill of Rights, the Northwest Ordinance enumerates those rights that no state shall abridge. Not only should these rights qualify for protection under the Due Process Clause of the Fourteenth Amendment, but they also give substance to the terms “privileges” and “immunities” as used and understood by Americans throughout the nineteenth century. This Note chronicles how the rights in the Northwest Ordinance spread, through various acts of Congress, from the Northwest Territory to all corners of the United States. These rights were integral to the organic law of twenty-eight of the thirty states (a supermajority) that ratified the Fourteenth Amendment by 1868. In addition, the admission of new states into the Union was often predicated on two conditions that state constitutions had to satisfy: they had to be republican and not repugnant to the principles of liberty in the Northwest Ordinance. Once they acquired statehood, however, new states were free to change their constitutions and violate the fundamental civil rights enumerated in the Ordinance. It is this defect in the organic laws of the United States that the Fourteenth Amendment was designed to repair, and it is to the Northwest Ordinance that we must look to understand the rights protected by the Fourteenth Amendment.

Raquel Finamor Cardoso - One of the best experts on this subject based on the ideXlab platform.

  • gestao social dos territorios da cidadania o zoneamento ecologico economico como instrumento de gestao do territorio noroeste de minas gerais social management of the territories of citizenship ecological and economic zoning as a management tool for the Northwest Territory of minas gerais
    2011
    Co-Authors: Jose Roberto Pereira, Patricia Aparecida Ferreira, Ana Alice Vilas Boas, Elias Rodrigues De Oliveira, Raquel Finamor Cardoso
    Abstract:

    Abstract The territorial approach has become a reference for studies on development and social management, as it breaks with the anachronistic idea that development is restricted to economic growth, since it incorporated other dimensions such as the social, political, institutional and environmental. Thus, the aim of this paper is to show that the results of Ecological-Economic Zoning (EEZ) is an instrument of social management for the Northwest Territory of Minas Gerais state, Brazil. The EEZ is expressed by the Ecological-Economic Index (EEI), formed by integrating two indices: the social potential of cities and natural vulnerability. For this article, we present the results of the social potential of the cities in the form of tables, charts and maps. The Potential Social Index (PSI) is formed by 36 institutional and socioeconomic indicators grouped into four components: production, natural, human and institutional resources. The results of EEZ-MG do indeed show that it is an instrument of social management of citizenship because they represent public accountability and transparency, and the construction of a social pact for development through socioeconomic indicators. The EEZ-MG is a tool for the third sector, public sector and the market to integrate public decision-making at the municipal, regional, state and federal levels.

Jeffrey Ostler - One of the best experts on this subject based on the ideXlab platform.

  • just and lawful war as genocidal war in the united states Northwest ordinance and Northwest Territory 1787 1832
    Journal of Genocide Research, 2016
    Co-Authors: Jeffrey Ostler
    Abstract:

    ABSTRACTThis article focuses on the United States Northwest Ordinance of 1787's profession of ‘utmost good faith’ towards Indians and its provision for ‘just and lawful wars’ against them. As interpreted by US officials as they authorized and practised war against native communities in the Northwest Territory from 1787 to 1832, the ‘just and lawful wars’ clause legalized wars of ‘extirpation’ or ‘extermination’, terms synonymous with genocide by most definitions, against native people who resisted US demands that they cede their lands. Although US military operations seldom achieved extirpation, this was due to their ineptness and the success of indigenous strategies rather than an absence of intention. When US military forces did succeed in achieving their objective, the result was massacre, as revealed in the Black Hawk War of 1832. US policy did not call for genocide in the first instance, preferring that Indians embrace the gift of civilization in exchange for their lands. Should Indians reject this d...

Rebekah Mergenthal - One of the best experts on this subject based on the ideXlab platform.

Larita J Killian - One of the best experts on this subject based on the ideXlab platform.