Bryan Garner on Gouverneur Morris, the Constitution’s stylist‑in‑chief

Bryan Garner on Gouverneur Morris, the Constitution’s stylist‑in‑chief


The 18th century gave the Western world revolutions of every sort—scientific, political, linguistic—and in America, it gave rise to the most consequential style debate in the nation’s history. The argument was not about punctuation but about the very texture of statehood: what it meant to commit a nation’s founding to paper.

When the U.S. Constitution was drafted in Philadelphia in 1787, the framers knew that the prose must do more than describe a government; it had to embody it. They understood, in a way few lawmakers since have, that language could govern thought, that form could shape destiny. The United States would not be defined by birthright or crown but by clauses and commas.

Into this heady experiment came the curiously named but formidable Gouverneur Morris of Philadelphia, chair of the so‑called Committee of Style. By this point, the delegates had wrangled through a sweltering summer of ideological combat, producing drafts thick with redundancy and riddled with competing assumptions. What they needed now was someone to give the thing its final polish—a literary architect who could turn a jumble of resolutions into an enduring charter.

Creating order and balance from a pile of handwritten notes

Morris undertook the task with relish. His committee—the last formed by the Convention—was composed of five notables: William Samuel Johnson, Alexander Hamilton, James Madison, Rufus King and Morris himself. They were chosen by ballot of the entire assembly, not by state delegation, suggesting that rhetorical skill and intellectual standing, not geography, guided the vote. Between Sept. 8 and 12, 1787, the group worked at blistering speed; within four days, it produced the final draft of the Constitution, printed the next morning for delegates to review. The astonishing pace masked the magnitude of their accomplishment. They had taken a chaotic pile of handwritten notes and resolutions and fashioned from them a text of order, balance and authority.

Though rarely counted among the “celebrity” founders, Morris became, in Madison’s later phrase, the man who gave the Constitution its “finish.” As Morris himself later boasted to Timothy Pickering, the document “was written by the fingers which wrote this letter.” It was not empty bragging. He was, in every sense, the Constitution’s stylist‑in‑chief.

Perhaps the most remarkable thing about the Committee of Style is that it existed at all. The framers intuited what later generations of editors would come to know: that precision and grace aren’t cosmetic luxuries but matters of substance. The Committee’s mandate was not simply to correct grammar or trim verbosity; it was to consolidate and harmonize—to make a single coherent whole of many minds. The choice elevated form to the rank of constitutional principle.

We have no surviving “style sheet” from the Committee, no record of its editorial rules. Maybe the notion of a house style hadn’t yet crossed the Atlantic. Morris and his colleagues likely carried their stylistic conventions in their heads. Yet their fingerprints are everywhere in the final text. Gone is the prolix sprawl of earlier drafts; in its place stands the seven‑article structure familiar today. The transformation was structural as well as textual. The Committee of Detail’s Aug. 6 draft had consisted of 23 articles modeled vaguely on state constitutions. Morris reorganized this draft into seven lucid divisions, each devoted to a major function of government.

Morris also introduced the Vesting Clauses, which gave “all legislative powers herein granted” to Congress, “the executive power” to the president, and “the judicial power” to the courts. This tripartite distinction, now a classroom commonplace, amounted to a bold innovation. Where earlier drafts began, “The Government shall consist of … ,” Morris framed something more decisive and abstract: authority itself was vested, and it emanated from the people.

‘We, the people of the United States’

His stylistic audacity reached its zenith in the preamble. The earlier version, a plodding legal formula, lumbered through the 13 state names—some of which might not even ratify the document—and concluded with “do ordain, declare and establish.” Morris swept all that away. He left only, “We, the people of the United States,” a phrase simple as thunder.

In one stroke he erased the corporate states and crowned the national people. He amplified the opening with six infinitive aims—“to form a more perfect union, establish justice, insure domestic tranquility … ”—each one stately, almost musical. The revision elevated the Constitution from a contract among states to a covenant among citizens. The antifederalists protested that “the people” had no business ordaining anything. But Morris’ phrasing prevailed, and its rhythm has since become the republic’s secular scripture.

Morris’ editorial touch extended deep into the document’s legal machinery. The “Law of the Land” clause, unremarkable in draft form, gained a new resonance under his pen. Where the Committee of Detail had written that the Constitution would be “the supreme law of the several states,” Morris revised it to “the supreme Law of the Land”—a subtle but momentous shift. The phrase implied that federal authority ran not through the states but over them, laying the conceptual groundwork for judicial review decades before Marbury v. Madison (1803). The Style Committee also cleaned up the impeachment provisions, dropping “against the United States” so that officers could be tried for “high crimes and misdemeanors” of any stripe. And it quietly inserted the idea of presidential removal into the succession clause, a nod to the possibility—thought to be remote yet real—that executives might misbehave.

Not all of Morris’ interventions were unerring. His taste for legalistic grandiloquence occasionally muddled as much as it clarified. The clause on presidential succession—“In case of the removal of the president … the same shall devolve on the vice president”—has puzzled scholars ever since. When William Henry Harrison died in 1841, some insisted that John Tyler was merely acting president. Had Morris written it (the office of president) or they (the powers and duties of the office) instead of same, the argument would never have arisen. Likewise, the Constitution’s fondness for shall, the bane of legal drafters ever since, perpetuated a semantic fog. In negative constructions—“no state shall,”—shall behaves not as compulsion but as prohibition, effectively meaning “no state is allowed to [may].” There is no real negation of an imperative (shall).

A few other infelicities slipped through—the piled-up negatives and the lumbering syntax (“no person shall be a representative who shall not”). A modern editor would have altered many sentences with alarmed pencil marks. But given the materials—the overlapping manuscripts, inconsistent drafts and near‑total absence of a central copy—the wonder is it turned out so well.

Morris’ contemporaries underestimated the scope of what he had done. The Convention’s proceedings were secret, and by the time of ratification the authorship of the language was obscure. Only later did Madison confirm in a letter to Jared Sparks that “the finish given to the style and arrangement of the Constitution fairly belongs to the pen of Mr. Morris.” That was both acknowledgment and eulogy.

Style, wielded properly, is power

The 18th century was littered with documents of governance; most have yellowed into history’s footnotes. The American Constitution still persuades. Its rhythm still lends gravity to the most routine acts of governance. That resonance was Morris’ doing. With his feathered quill and uncompromising ear, he turned a committee report into civic scripture. In doing so, he demonstrated a lesson every editor knows and seemingly every legislator forgets: that style, wielded properly, is power.


Bryan A. Garner. (Photo by Karolyne H.C. Garner)

Bryan A. Garner is the author of The Winning Brief, Garner’s Modern English Usage and Legal Writing in Plain English.






Source link

Want to be safe with online suitors? It’s easy with the internet, new Netflix doc shows

Want to be safe with online suitors? It’s easy with the internet, new Netflix doc shows


I’ve defended plenty of white-collar crimes throughout my career. For some, the phrase evokes images of high-status business professionals engaging in fraud for financial gain. For me and many others who defend the criminally accused, though, white-collar crimes refer to any nonviolent financial criminal allegation.

For most folks, “love cons” or “romance scams” rarely come to mind. Which is why Netflix’s Love Con Revenge is an important, if flawed, offering in the true-crime genre.

Romantic manipulation for monetary gain

The six-episode series follows private investigator Brianne Joseph and Cecillie Fjellhøy, who was the victim of another romance scam detailed on Netflix’s Tinder Swindler. The two women interview victims of fraud perpetrated by bad actors who romantically manipulate individuals for their own financial gain.

Jumping into the fifth episode was disjointing. I had to double-check to ensure I hadn’t accidentally skipped the beginning, because I was immediately dropped into the middle of a story involving Aaron, a man who had been conned out of approximately $100,000 by a scammer named Sabrina.

Aaron was not her only victim. In fact, by the time the production team introduces Sabrina to the audience, she has already been charged by the FBI and convicted of wire fraud. Much of the discussion centers not only on Sabrina’s actions and their impact on Aaron, but also the fact that the FBI did not list Aaron as a victim in Sabrina’s case. Joseph meets with an FBI agent involved in the prosecution, who informs her that the agency couldn’t include Aaron’s allegations because there is a five-year statute of limitations for federal wire fraud.

Spending the inheritance

Next the audience is introduced to Lindsay, a hairstylist who recounts her experiences with Chris, a person she met on Tinder. They quickly fell for each other, or so she thought.

Within a relatively short amount of time, Chris convinces Lindsay to transfer funds she received from her late mother’s 401(k). He said he could use his skills as a financial adviser to get her a 10% return on the funds. After she receives one check from him, the relationship starts to fizzle out, and she sets out to try and reclaim the funds she transferred to him.

The episode ends with the hosts heading off to find another one of Chris’ potential victims; she was discovered through an online record regarding a restraining order against him. They discuss how the situation must have been serious, because, according to Fjellhøy, “a restraining order … is not something that courts grant lightly.”

Statistics and statutes (of limitation)

Apparently, the Love Con Revenge episodes run fluidly, with one leading into the other. Each episode ends on a “cliffhanger,” and the next installment immediately picks up where the last episode left off.

Which explains the confusion I felt in starting with an episode in the middle of the series. This odd method of storytelling would have been nice to know going into the viewing experience, but that is just one of the series’ many failings.

The production is far too contrived. As someone who has spent years analyzing various true-crime documentaries and series, it was painfully obvious that Love Con Revenge was heavily scripted and lacked much genuine empathy and emotional impact. Every conversation comes off as orchestrated, and it’s challenging to connect with the victims.

Additionally, the “investigation” performed doesn’t amount to much. Perhaps that’s the best takeaway from the series, though: The general public has a wealth of information at their fingertips; it’s not that difficult to run a web search on someone or perform a reverse image search if you are looking to find out more about someone you met online.

I was also extremely unimpressed with the discussion regarding the applicable statute of limitations. I agree with the blanket assertion that the federal government has five years from the date of the criminal activity to move forward with wire fraud charges, but in some situations, there are specific exceptions that can toll a statute of limitations. The applicable legal principles aren’t always as unequivocal as the episode would suggest, and further discussion would have been helpful.

In some jurisdictions, and with regard to certain causes of action, the discovery rule allows the clock to start ticking on the statute of limitations when the issue is actually discovered or, in other cases, when the subject matter could have been discovered through the victim’s reasonable diligence. During the Love Con Revenge episode I viewed, there was absolutely no discussion about this exception.

Restitution and the rarity of repayment

There is a throwaway statement mentioning that Sabrina, as a part of her plea agreement, has to make an effort to pay everyone back. But is no mention of “restitution” or what that amounts to, or how that can impact a defendant’s probation.

In most cases, restitution will be part and parcel with a plea agreement or a condition of the sentence upon conviction. For that reason, it is rare to find a white-collar case resolution that doesn’t include at least some form of probation on the back end, even if the defendant is ordered to complete a term of incarceration. The probation after the fact allows for an enforcement mechanism for restitution collection.

Still, as the old saying goes, you can’t get blood from a turnip. In most cases where money has been stolen through fraud, it’s surprising how often that money is already spent by the time the crime is formally charged. As such, it’s very common for victims of these financial crimes never to receive the total they have lost. So in situations like Aaron’s, even if his loss was formally filed in court, there’s no guarantee he would have received even a portion of the $100,000 he gave away.

After all, if incarceration is a court’s only recourse against a defendant who will not or cannot pay restitution, those defendants aren’t going to pay any more than they would otherwise while sitting in prison.

Ultimately, I wouldn’t recommend the series. Nevertheless, if even one person learns to be a bit more cautious and skeptical of the strangers they meet online, it’s probably worth it to potentially lower the $1 billion lost to these types of scams in the U.S. every year.


Adam Banner

Adam R. Banner is the founder and lead attorney of the Oklahoma Legal Group, a criminal defense law firm in Oklahoma City. His practice focuses solely on state and federal criminal defense. He represents the accused against allegations of sex crimes, violent crimes, drug crimes and white-collar crimes.

The study of law isn’t for everyone, yet its practice and procedure seem to permeate pop culture at an increasing rate. This column is about the intersection of law and pop culture in an attempt to separate the real from the ridiculous.






Source link

My father was never part of RSS: Justice Oka on Collegium propriety and judicial independence [Part I]

My father was never part of RSS: Justice Oka on Collegium propriety and judicial independence [Part I]


J Oka:  Factually, I must correct you. My father was alive till 2017. I became a judge in 2003. From my childhood, I have not seen him attending any RSS shakha. At most, he may have been associated one of one or two trust with which RSS may have been associated. So, I don’t think that anybody can say that he was a member of RSS…

…secondly, before you are appointed a judge, you deal with various cases. Now, as a lawyer, I must have appeared for almost all political parties…as a lawyer, I don’t think we are concerned with any philosophy and the kind of practice which was there in Bombay High Court and the time which we are required to devote to the work, it was impossible for at least me to do anything except practice.

When you become a judge, you are a completely different person, you take oath under the Constitution…to uphold ideals. When you sit as a judge, you look at the case, there’s a law laid down about bail…it is your duty to uphold Article 21 – liberty is the most important thing – or freedom of speech and expression…

…In the case of a bail, you may feel that this is a very heinous offence. But you don’t get influenced by that. Ultimately, there are parameters laid down for grant of bail, whether case is made out for or not. For example, if the offence is under UAPA, those stringent conditions (for bail) may not have been fulfilled. But if there is long incarceration and trial is not likely to start, the law is very clear: then you must give benefit of Article 21, release him. Your personal inclinations cannot and should not influence your role as a judge.

I’ll give you one example. We consider Justice Krishna Iyer as one of our greatest judges. No doubt, even his orders were criticised. His order granting stay in Prime Minister Indira Gandhi’s election petition was criticised. But we can’t forget that he was an active member in politics; he was a minister in one of the cabinets in Kerala. And I don’t think anybody has alleged any bias against him – that he belonged to a particular political philosophy and that was reflected in his judgments. So we are least concerned with the personal inclinations as a lawyer. The question is whether he is a good lawyer, sound lawyer, whether he has inclination to do work of a judge.



Source link

YouTube
Instagram
WhatsApp