Congress and the Constitution: The Twenty-seventh Amendment and the Past and Future of Constitutional Alteration

The most recent addition to the U.S. Constitution is also one of the first proposed amendments. The 27^th Amendment restricts change to congressional salaries until after the next election. First drafted by James Madison and approved by Congress in 1789, the proposal was among a package of 12 items sent to the states. Ten of those proposed amendments were ratified and became known as the Bill of Rights. The others languished with only occasional attention by constitutional scholars. In the early 1980s, an undergraduate student at the University of Texas wrote a term paper arguing for adoption of the limits on congressional pay raises. After receiving a C grade from his teaching assistant and instructor, the student rejected the opinions of his teachers and independently pursued the adoption of Madison's proposal. Gregory Watson single-handedly mounted a letter-writing and lobbying campaign that caused state legislators to redirect their attention to the proposed amendment. In 1992, following a most unusual ratification process—including certification by the Archivist of the United States—the measure became the 27^th Amendment. In this article, we trace the history of the amendment, demonstrate that its impact has been more symbolic than substantive, and argue that Congress needs to reassert its authority over the amendment process in line with the letter and spirit of Article V. The 27^th Amendment has a peculiar constitutional history, and there are lessons we should learn from that experience.     

The Sherwood Foresters of 1916: memories and memorials

ABSTRACT

This paper examines the memorialisation of the Sherwood Foresters who fought during the Easter Rising of 1916 in Dublin. These men, from Nottinghamshire and Derbyshire in the English midlands, suffered the greatest casualties of the British regiments involved in the insurrection, and participated in the firing squads that executed the rebel leaders. Yet the public and artistic memorialising of these English soldiers is not widely known, and this interdisciplinary paper seeks to tell the unfamiliar story of what happened to the Sherwood Foresters after the fighting of Easter Week ceased. We use archival material in order to explore how, at the time of the Rising, these men believed that they would be remembered. We examine the way that the Sherwood Foresters of Easter Week subsequently appeared in literature and drama. And we analyse the way that those soldiers have been commemorated in funerary memorials.     

Solution Strategies for Three Problems in Empirical Fragility Curve Derivation Using the Maximum Likelihood Method

Solution strategies are presented to address three potential problems in the empirical derivation of fragility functions from empirical data using the maximum likelihood method. The first strategy addresses the case of fragility curves that cross, the second strategy incorporates demand uncertainty in fragility derivation from post-earthquake reconnaissance data, and the third strategy provides a framework for the resolution of conflict between empirical data and expert opinions. The advantages and disadvantages of the proposed solution strategies are discussed and their use is demonstrated by way of suitable illustrative examples.