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On Hannah Arendt's Study Of Constitutionalism In The Aftermath Of Totalitarianism: A Philosophical Search For The Principle To Secure The Foundations Of Modern Politics, Joseph De Leon Flores

Open Access Theses & Dissertations

Hannah Arendt faces the grotesque appearance of totalitarianism, and with bravery goes on the offensive, herself armed with contemporary philosophical tools of analysis, to do battle in the field of existential-phenomenology against this modern monster. Totalitarianism, birthed from the seeds of lawless action, claims to be the most lawful mode of human existence. The monstrous existence of totalitarianism demonstrates a crisis in the very foundations of modern manâ??s political mode of being. In order to find a solution to this modern political crisis Arendt closely studies the experience of constitution writing at the moment the men of action are about …

Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell

Undergraduate Theses, Professional Papers, and Capstone Artifacts

No abstract provided.

Entextualización Del Discurso Político En Colombia. Análisis Glotopolítico Del Proceso De Escritura De La Constitución De 1991, Jorge Luis Alvis-Castro

Dissertations, Theses, and Capstone Projects

Although constitutions are part of the canon of disciplinary writings, along with grammar books and etiquette manuals, and are also central texts in the processes of formation and consolidation of Latin American nation-states, to date, they have not been sufficiently explored in their social and linguistic processes of discursive elaboration. With a glottopolitical approach, this research examines the social, communicative and ideological components involved in the writing process of the Colombian Constitution of 1991, developed in a context of State crisis and violence aggravated by narco-terrorist attacks. Using the concept of entextualization, which refers to the process of extracting discourse …

Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers

Dissertations, Theses, and Capstone Projects

The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …

The Restoration Of Religious Freedom: Joseph Smith’S Evolving Understanding Of The United States Constitution, 1830-1844, Mitch Nelson

CGU Theses & Dissertations

As the founder of the most persecuted denomination of the nineteenth century in the United States, Joseph Smith desperately yearned for religious freedom. I argue that Joseph Smith understood religious freedom as a theological doctrine given by God to help individuals, communities, and nations discover how to balance order and diversity. Rather than being a product of democratic government, he viewed religious freedom as the necessary foundation for a just government and society. Therefore, maintaining religious freedom would preserve the governing system, not the other way around. For Joseph, religious freedom was incrementally discovered in a process of identity formation …

The Pardon Paradigm: The Presidential Pardons Of Donald J. Trump, Hlynur Saemundsson

Honors Undergraduate Theses

The presidential pardon power is an oft-overlooked political institution that seems to be perceived as being innocuous and irrelevant to larger political concerns. This research examines the pardons issued by President Donald J. Trump in an effort to evaluate whether they align with constitutional expectations regarding the use of this unrestricted presidential power. Dr. Jeffrey Crouch, a leading scholar on the subject, has demonstrated that the pardon power was intended to be used as a disinterested act of grace or an act in the public interest. A close survey of President Trump’s use of this power shows that many of …

The Anti-Secular Regulation Of Religious Difference In Egypt, Meriam Wagdy Azmi

Theses and Dissertations

Egyptian religious freedom activists and researchers have for decades called for more secularism to remedy the violations facing religious minorities. Those religious minorities have been subject to attacks for practicing religious rituals and suffered from lack of recognition by the government. As those activists advocated secularism, some academics critiqued it and deemed it the instigator of the very problems it claims to uproot. Saba Mahmood famously argued that secularism is a primary producer of religious tension in Egypt. In this thesis, I argue that it is not the mere regulation of religious difference as a feature of secularism that is …

The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes

Dissertations, Theses, and Capstone Projects

The enactment of law is not to be confused with the rule of law, and simply having a constitution does not guarantee political order. In Guinea-Bissau there have been calls to write a new constitution, but whether that helps Guinea-Bissau become a more stable country is questionable. Currently, there is a gap in the research of social science, history and political science examining how the processes of instability have unfolded in Guinea-Bissau. Few studies attempt to examine the correlation between a country’s stability and its constitution. A paradoxical situation exists in many countries in Africa where the political system is …

Impartiality: A Comparison Of Legal Processes In The United States And Italy, Robert Borden

Undergraduate Honors Theses

This thesis examines the constitutional guarantees of impartiality granted in both the United States and Italian constitutions. Aided by the presentation of these two constitutional legal systems, this paper will attempt to break apart the elements of each system and point out key differences. By pointing out the differences in these systems including variations in their founding documents, the structure of the courts, the role of the judges, the role of the advocates, and the role of other key players, this paper will show that while individual cases in both countries are exposed to multiple biases throughout the legal process, …

Constitutional Reflections Of The People: Representation In The Constitutions Of The United States (1789) And Chile (1833), Zoe E. Nelson

Undergraduate Theses, Professional Papers, and Capstone Artifacts

This paper is a comparative analysis of the American Constitution of 1789 and the Chilean Constitution of 1833, as well as the political writings of major political theorists prior to the making of each constitution. In comparing the historical development and making of Constitutions in post-war, newly independent American nations, this paper seeks to understand the similarities between American and Chilean Constitutional institutions and underlying political theory from a historical perspective. Bearing this purpose in mind, this paper asks, “In what ways were the Constitution making measures of Chile and the United States in 1833 and 1789, respectively, a reflection …

Public Financing Of Elections In The States, Nicholas Meixsell

Honors Theses

In the US, there is a history of the courts striking down campaign finance reform measures as unconstitutional. As such, there are few avenues remaining for someone who is interested in 'clean government' reforms. One such avenue is publicly financed elections, where the state actually provides funding for campaigns. These systems can be quite varied in the restrictions and contingencies they attach to the money, and for examples one has to look no further than the states There are many states that have some form of public financing for elections, and by looking at the different states' systems we are …

“Of Every Sort”: Conceptions Of Property Rights At The Time Of The American Founding, Zachary Wong

CMC Senior Theses

The most contentious issues of our day often have to do with political and social rights as opposed to economic rights. Through the lens of property rights I investigate whether this dichotomy existed at the time of the American founding. First, I examine the state constitutions and identify three clauses, common to the documents, which protect property rights. I examine their historical basis and reveal their connection to English common law and Locke, primarily. Then, I discuss the personal views of Madison and Jefferson to gain insight into the personal thoughts of two of the most influential Founders. Finally, I …

Land In South Africa: Dispossession, Constitutionalism, Political Expediency, Dylan Anton Sparks

Senior Projects Spring 2019

This project explores the political history of land dispossession in twentieth century South Africa. It conducts a comprehensive analysis of the legal mechanisms and public policies articulated in the democratic era to address the dark history of dispossession and land theft. It concludes with the suggestion that the resurgence of land in the contemporary political debate questions the legitimacy of the democratic transition and Constitution, when, in fact, the political establishment bears a large responsibility for the glacial pace of land reform over the first twenty-five years of democracy.

Referendum On The Revolution: The Pennsylvania Constitutional Debate, 1776-1784, Tristan James New

Online Theses and Dissertations

The Pennsylvania constitution of 1776 ignited an extensive and intractable debate that remained at the center of the state’s politics throughout the Revolutionary period. This debate encompassed disagreement over a broad range of questions relating to the relationship between government and society, many of which brought into question the implications of the concept of popular sovereignty for governmental structure and popular political agency. Competing notions regarding these issues, while expressed within a general framework of consensus concerning the source of political authority [the people], revealed fundamentally different visions of governmental order. Partisans presented these visions as inextricably connected to their …

Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett

Student Theses and Dissertations

This paper seeks to establish the reasons why federal copyright protection was created, discuss the shifts in reasoning behind major amendments, and explore its effects on copyright holders and the public, with a slight focus on the music industry. Federal copyright has existed in the United States since the late 1700s, with the creation of the Copyright Act in 1790. Adopted from the first copyright law ever created, the English Statute of Anne (1710), the Copyright Act was meant to protect citizens from piracy in a world where the risk of such a thing was rapidly increasing. The stated objective …

Hannah Arendt's Political Action: A Dialectic Of Expression And Deliberation, Paul Richard Leisen

Dissertations

Commentators disagree about what Hannah Arendt means by political action. One interpretation emphasizes that political action is rational deliberation, another interpretation identifies political action with expressiveness or the performative expression of personal virtuosity and greatness. Both interpretations fall short. The deliberative model captures the aspect of constituting political power through collective agreement based on reason-giving (combining a plurality into a polity). The expressive model captures the aspect of natality, originality, spontaneity, and freedom from conventional ways of reasoning. The deliberative and expressive models of Hannah Arendt's political action can be reconciled contrary to a claim that her theory is incoherent. …

"True Principles Of Liberty And Natural Right" : The Vermont State Constitution And The American Revolution, Kevin R. Ingraham

Legacy Theses & Dissertations (2009 - 2024)

The Vermont state constitution was the most revolutionary and democratic plan of government established in America during the late eighteenth century. It abolished adult slavery, eliminated property qualifications for holding office, and established universal male suffrage. It invested broad power in a unicameral legislature, through which citizens might directly express their will through their elected representatives. It created a weak executive with limited power to veto legislation. It mandated annual elections for all state offices, by which the people might frequently accept, or reject, their leaders. It thus established a participatory democracy in which ordinary citizens enjoyed broad access to …

Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin

Seton Hall University Dissertations and Theses (ETDs)

In May 1861, President Abraham Lincoln's decision to suspend habeas corpus in Baltimore following an attack on Federal troops as they marched through Baltimore on April 19th to answer Lincoln’s call to defend the Capitol. To complicate matters further, Congress was still in recess, so they could not legislate a solution to the growing insurgency. In order to check these actions, Abraham Lincoln authorized General Scott to suspend Habeas Corpus between Baltimore and Philadelphia. When John Merryman was arrested, detained, and denied habeas corpus, Chief Justice Roger B. Taney issued an in-chambers decision, Ex Parte Merryman, to voice his …

Think Of The Children: Child Labor Through The Progressive Era In Early Twentieth-Century America, Thomas Clark

History Undergraduate Theses

Child labor in America was a pivotal component of the Progressive reform movement throughout the first half of the twentieth century. Beginning my research, I looked into the role of child labor in the creation of the Fair Labor Standards Act of 1938. The FLSA was the first federal law to abolish child labor successfully. Throughout my research, I noticed a trend of law passage and Supreme Court denial.

The most referenced events involving child labor as an evil to society came in the early part of the twentieth-century. The two most famous events were Mary “Mother Jones” Harris and …

“Report All Obscene Mail To Your Postmaster” Reading, Institutions, And The American Public, Post-Revolution And 1965, Connor Christopher Boehme

Senior Projects Spring 2017

This project attempts to understand how Americans are able to imagine themselves as a political public in two revolutionary moments: just after the American Revolution, and in 1965, at the heart of the Civil Rights era. The public, which the Constitution labels “We, the people,” is explored first in Benjamin Franklin’s autobiography, which postulates the institutional conditions necessary for its readership, the first generation of Americans, to form a political public. The project then studies the “We,” of the Constitution’s preamble and considers how readers can interpret who is signified by that “We.” 1965 saw a cultural revolution in America …

Kentucky's First Statesman : George Nicholas And The Founding Of The Commonwealth., Benjamin Michael Gies

Electronic Theses and Dissertations

In late 1789, Colonel George Nicholas arrived in the Kentucky District from eastern Virginia. Nicholas’s political astuteness prompted his swift rise to prominence in the Kentucky District’s political affairs. In 1792 Nicholas asserted himself as the Kentucky Constitution of 1792’s primary author. Nicholas’s Kentucky Constitution of 1792 mirrored the federal Constitution of 1787 that had earlier been rejected by Kentuckians in the 1788 Virginia Ratifying Convention. The Kentucky Constitution of 1792 placed the Kentucky District square within the ethos of the Anglo – American constitutional tradition and secured the proposed Commonwealth of Kentucky’s separation from the district’s “parent-state,” the Commonwealth …

Juridical, Religious And Globalization Perspectives On The Constitutions Of Egypt And Tunisia After The Arab Spring, Lora Hadzhidimova

Institute for the Humanities Theses

This work examines the juridical aspects of the current Egyptian and Tunisian Constitutions adopted after the Arab Spring. Along with the legal analysis of these two manifestations one more element is also a subject of this commentary – possible political issues that can surface from the interpretation of some controversial articles. The second part of this study focuses on the compatibility between the premises of the Islamic Sharia, the Islamic culture and tradition, and the core values of the contemporary modern democratic states. Moreover, it addresses some of the problematic moments within the discourse whether or not the Quran evokes …

Dominican And Haitian Relations: Changing Constitutions And Migrant Rights, Tiffany Busch

Honors Projects

The Dominican Republic and Haiti share the island of Hispaniola. The two nations’ shared history can best be described as tumultuous. The French and Spanish long fought for control over the small island before ultimately becoming two independent nations. Tensions still exist between the nations. The Dominican Republic, operating under antihaitianismo, fears that the influx of Haitian people will be detrimental to the country’s economic and cultural well-being. As a result, deportations have increased. Human Rights Watch has condemned the Dominican Republic for its unethical deportation methods. Moreover, the Dominican Republic enacted a new constitution in 2010 with more …

James Wilson And Anglo-American Customary Constitutionalism., Sean Allen Southard

College of Arts & Sciences Senior Honors Theses

No abstract provided.

To Begin Anew: Federalism And Power In The Confederate States Of America, Geoffrey D. Cunningham

LSU Doctoral Dissertations

The leaders of the Confederate States of America proved eager and desirous of the power of the federal government. Rather than constituting an anomalous, ironical, or revolutionary episode in American political history, the Confederacy sought to conserve their definition of American liberty and democracy, with its racial grants, privileges, and sanction of slavery, through the power of government. The embrace of federal power was an intentional, central, and desirable feature of government, and one that Confederates embraced in order to sustain and project their nation and its vision of American democracy.

Virginia's Pursuit Of Self-Government : The Effects Of The Civil War And Interregnum On England's First Successful Colony In North America, 1652-1660., Lloyd Franklin Fowler

College of Arts & Sciences Senior Honors Theses

No abstract provided.

The Importance Of Interpretation: How The Language Of The Constitution Allows For Differing Opinions, Christina J. Banfield

Chancellor’s Honors Program Projects

No abstract provided.

Our Congregationalist Constitution; The Congregationalist Origins Of Americcan Federalism, Emily Graham

Dissertations and Theses

No abstract provided.

The Pulpit And The Nation: Clergymen, Political Culture, And The Creation Of An American National Identity, Spencer W. Mcbride

LSU Doctoral Dissertations

This dissertation examines the politicization of clergymen during the American Revolution and explains the direct impact this process had on the development of a national polity and a distinct American national identity in the early republic. Both during and after the Revolution, clergymen utilized providential rhetoric and biblical symbolism to assign greater religious and moral significance to political events. Focusing on the period between 1775 and 1800, this dissertation describes and analyzes the extent to which national political leaders relied on local clergymen when securing independence and thereafter inventing a new nation. Ultimately, it argues that clergymen were essential to …

Rendez Donc A Cesar, Problemes Avec Les Mots De Dieu: Land And The Civil Constitution Of The Clergy Of 1790-1791, Jonathan Monroe

All Theses

This study investigates the state's sale of Church lands and the Civil Constitution of the Clergy during the French Revolution. The Civil Constitution has been seen as a turning point in the era's progression; it created very sharp divisions in revolutionary ideals by forcing clergy members to take an oath to the state that was condemned by the pope. These divisions helped feed Jacobin extremism and an era of Christian suppression and the Terror eventually ensued. Despite these problems, the struggling country under the Old Regime was desperate for Church reform that the Civil Constitution provided. The prohibition of the …