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The Establishment Of The American Judicial System Through Marbury Vs. Madison, Conner White

Tenor of Our Times

Marbury, Madison, Marshall, Supreme Court, Justice, Jefferson, America, Constitution, 1800, Democratic-Republican, Federalist, Judiciary

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.

Historical Understanding In The U.S. Constitution, Kristopher W. Chesterman

Doctoral Dissertations and Projects

How did the America’s Founding Fathers use historical knowledge to inform their actions and decisions that ultimately led to the creation of the Constitution? This dissertation begins to answer this question by providing context to the Framers’ education on both colonial and personal levels. Starting with exposure to historical content through learning Greek and Latin, this research explores the depth of historical knowledge possessed by the Founders and how they used that knowledge to explain their thoughts and ideas throughout the tumultuous years surrounding the American Revolutionary War. This aspect of the Constitution’s formation is overshadowed by the prominence of …

"Don't Put Restrictions On Us": The Dangers Of Conservative And Populist Appeals For Abortion Access In Post-Roe America, Kayla Schmitz

Department of Communication Studies: Dissertations, Theses, and Student Research

This thesis critically analyzes Kansans for Constitutional Freedom’s campaign ads for their campaign against the Value Them Both Amendment in Kansas in 2022. Value Them Both would have stripped the Kansas constitution of its protection of personal autonomy and therefore abortion rights. Kansans for Constitutional Freedom used populist and otherwise conservative appeals in their ads to reach audiences across the political “spectrum” to gain their votes against Value Them Both. While the campaign was widely successful, there are many things it did not do for the broader concern of reproductive healthcare access in the United States, particularly for those living …

The Threat To Academic & Intellectual Freedom, Christopher M. Jimenez, Melissa Del Castillo, Stephen Thomson Moore, Lowell Bryan Cooper, Jacqueline Radebaugh, George Pearson

Works of the FIU Libraries

The Academic and Intellectual Freedom Ad Hoc Committee presented a First Thursday discussion on May 4 about academic and intellectual freedom. Starting with a brief definition of these terms, they traced the history of Academic Freedom and how current events affect us at FIU. The committee posed several real-life scenarios threatening Academic/Intellectual Freedom in libraries. All library staff were invited to attend this lively discussion.

Soldiers Of Christ In A Pluralistic Army, Jordan Lee Pittman

Masters Theses

This thesis seeks to answer the question: How does a Christian chaplain in the U.S. Army fulfill the Great Commission given by Jesus in Scripture while facilitating the free exercise of religion for everyone in his organization? Jesus commands his followers to make disciples (Matthew 28:19-20). The primary audience of this thesis consists of military chaplains and candidates. The conclusion reached is that the chaplain can accomplish both tasks stated in the question. To facilitate a soldier’s free exercise of religion does not automatically betray the teachings and guidance of Scripture nor does it prevent the chaplain from making disciples. …

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 …

Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah

Book Chapters

In an increasingly globalized world, a world in flux, which is constantly subject to rapid circulation of information, change is a dimension that we all experience in our lives with ever increasing frequency. Change, be it that of customs and fashion or that of laws and systems of government, is something which now seems impossible to escape. Change is an integral part of our unstable contemporaneity.

This is not only a continuous change but also a rapid one. In such a social and political environment, at a global and local level, it is more and more difficult to find a …

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 …

Save Your Local Government Committee - Louisville, Kentucky (Sc 3652), Manuscripts & Folklife Archives

MSS Finding Aids

Finding and and scan (Click on "Additional Files" below) for Manuscripts Small Collection 3652. Flyer issued by the Save Your Local Government Committee, Louisville, Kentucky, outlining its objections to the proposed new state constitution and urging voters to vote against its adoption on 8 November 1966.

Law Library Blog (July 2022): Legal Beagle Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Consent Of The Governed: Constitutionalism Of The Levellers And Its Influence On Anglo-American Political Discourse, Nathan B. Gilson

Doctoral Dissertations and Projects

More fully understanding the Levellers suggests a new framework for understanding Anglo-American constitutionalism and jurisprudence. There was a logical progression in their constitutional thought, by which the exigent developments of the 1640s conflict continually pushed the Levellers to articulate new constitutional propositions. It eventually led them to a fully developed contractual theory for the origins of society based on the continuing consent of the People, including the rights to revolution and resistance, within a natural rights framework. The Levellers argued for limitations on the sovereignty of the government by the People, as opposed to the position of the Monarchists, Independents, …

“The Mount Atlas Of Independence”: Forgotten Founder Roger Sherman, Kaitlyn Kenney

Masters Theses

Roger Sherman is perhaps the most important forgotten founder of the United States. Best known for creating the Connecticut compromise which reconciled the VA and NJ plans by having the House of Representatives be based on population and having each state have one vote in the Senate, he also was instrumental throughout the founding. He was the only man to sign and help draft every major founding document of the United States, one of a select group of self-taught founders and a man who served in practically every civil service position imaginable. Born in Massachusetts, Sherman would move to Connecticut …

Creating A Generalized Michigan School Constitution, Kurstin K. Frank

Honors Projects

Educational theories in the past have attempted to define, arrange, and design education to benefit society, institutions, and students of all ages. The conversations surrounding those educational theories, however, have consistently neglected to include those that the structures, policies, and purpose of education will benefit the most: the students. This research project was devised to include student voice within the conversations surrounding educational theories through the construction of a Generalized Michigan School Constitution. By delving into those theories of education, the researcher was able to dissect the five most common theories and beliefs within education to be able to decipher …

Public Policy And Religion In The Pandemic: U.S. Constitution And The First Amendment, Stephen Covell, Diane Riggs, Cameron Borg

Modules for Teaching Pandemic Response and Religion in the USA

The following teaching module is designed for high school and college level instructors who seek to teach a lesson on the impact the COVID-19 pandemic had on the relationship between church and state. The teaching module features a lesson plan, case studies, and assignments that can be incorporated as the instructor sees fit. This teaching module was created by Western Michigan University's Department of Comparative Religion.

Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Role Of The Article Iii Judge, Thomas B. Griffith

BYU Studies Quarterly

The Constitution says precious little about the role envisioned for federal judges in the new government that document created: “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.”

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 …

Jus Ad Bellum, Natural Law And The 2003 Invasion Of Iraq, Johnny Davis

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The legality of the invasion of Iraq is a vital question that goes to the heart of international law. The proper legal authority for military force and the overthrow of a sovereign government is the single most important area of international law.[1] This paper will consider whether the invasion of Iraq complied with the original intent of the Founding Fathers for the Constitutional authority to wage war and satisfied the requirements for a Just War under natural law.

Adat Institutions In Aceh Government: A Constitutional Perspective, Yunani Abiyoso, Ali Abdillah, Ryan Muthiara Wasti, Ghurnarsa Sujatnika, Mustafa Fakhri

Journal of Islamic Law Studies

The existence of adat (customary law) in Indonesia becomes a source of value for the survival of the nation. Each region in Indonesia has different adat that can be used as a reference for the form of governmental system in Indonesia. The 1945 Constitution has recognized the existence of adat government that consisting of various forms of adat that have been adopted long before the 1945 Constitution existed. The existence of adat cannot be separated from national and Islamic values. This research was conducted to find out form of adat institution in Aceh and how the integration of such adat …

We Are Watching Racism's Tug-Of-War With Democracy, Preston Love Jr.

Black Studies Faculty Publications

No abstract provided.

Seeing In Stereo, Anne-Marie Slaughter

The US Army War College Quarterly: Parameters

No abstract provided.

U.S. Government And Politics In Principle And Practice: Democracy, Rights, Freedoms And Empire, Samuel Finesurrey, Gary Greaves

Open Educational Resources

This book is written for students early in college to provide a guide to the founding documents and structures of governance that form the United States political system. This book is called American Government and Politics in Principle and Practice because you will notice that what has been inscribed in law has not always been applied in practice-particularly for indigenous peoples, enslaved peoples, people of color, women, LGBTQIA+, people with disabilities, those formerly incarcerated, immigrants and the working class within U.S. society. In designing this book, we have two goals. First, we want you to know what the founding documents …

The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum

Dickinson Law Review (2017-Present)

This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.

This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, …

Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

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, …

Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.

Touro Law Review

No abstract provided.