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Political Culture And Abortion Policy, Caleb J. Evans Nov 2020

Political Culture And Abortion Policy, Caleb J. Evans

The Macksey Journal

Abortion policy in the United States varies greatly from state to state. The general understanding is that states controlled by Democrats are friendly towards abortion and states controlled by Republicans are more hostile towards abortion rights. In the research paper, this is displayed by the state of Oklahoma. However, the states of Rhode Island and Montana both defy this generally accepted trend. Rhode Island is a Democratically controlled state with a strong history of abortion restrictions, while Montana is a Republican-controlled state with a track record of more lax policy on reproductive rights. This research paper delves into the political ...


Public Financing Of Elections In The States, Nicholas Meixsell Jun 2019

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 ...


Microaggressions, Trigger Warnings, And The Fight To Redefine Free Speech: An Analysis Of The Judiciary's Response To Campus Speech Codes Through Liberal And Communitarian Perspectives, Madeleine G. O'Neill Jan 2016

Microaggressions, Trigger Warnings, And The Fight To Redefine Free Speech: An Analysis Of The Judiciary's Response To Campus Speech Codes Through Liberal And Communitarian Perspectives, Madeleine G. O'Neill

Senior Independent Study Theses

As campus speech codes enjoy a renaissance surrounding microaggressions and trigger warnings, understanding how and whether such speech codes can stand up to constitutional scrutiny is crucial. This project offers a historical overview of the evolution of free speech in U.S. history, with a particular focus on the jurisprudential history of hate speech and the “first wave” of litigation surrounding campus speech codes in the 1980s and ’90s. I use two theoretical frameworks, liberalism and communitarianism, to analyze the judiciary’s response to speech codes and to understand whether that response aligns with either framework. Lastly, I offer three ...


Evolving Standards Of Decency: The Intersection Of Death Penalty Theory And Supreme Court Jurisprudence, Rachel S. Sullivan Jan 2016

Evolving Standards Of Decency: The Intersection Of Death Penalty Theory And Supreme Court Jurisprudence, Rachel S. Sullivan

Senior Independent Study Theses

The American death penalty must be abolished in order to establish a more just system of punishment. This thesis examines the arguments of eight political theorists and their connections with five essential Supreme Court cases on capital punishment in order to determine the Court's theoretical view of the American death penalty. This theoretical view is that justices who affirm the constitutionality of capital punishment use philosophical theories, while justices who critique capital punishment rely upon context-dependent analyses. If the Court ever rules that capital punishment is unconstitutional in all circumstances, these latter theories will be dispositive.


Is Suspension A Political Question, Amanda L. Tyler May 2015

Is Suspension A Political Question, Amanda L. Tyler

Amanda L Tyler

The article focuses on the Suspension Clause of the U.S. Constitution being a political issue. It says that once suspension is viewed as a nonjusticiable political question, it would turn as a subject on which most of the restraints imposed by the Constitution would not be subjected to judicial enforcement. It is claimed that such thought should be denied because it is at odds of writ of habeas corpus heritage and would only complicate the separation of powers and the institution of judicial reviews.


Liberty, Security, And Judicial Review In The War On Terror: An Analysis Of Supreme Court Approaches To Deference In A Post-9/11 Context, Jacob Oppler Jan 2015

Liberty, Security, And Judicial Review In The War On Terror: An Analysis Of Supreme Court Approaches To Deference In A Post-9/11 Context, Jacob Oppler

Senior Independent Study Theses

In times of war, the government acts to suppress threats to national security, often curtailing or restricting American civil liberties. Over the course of American history, the Supreme Court has reviewed this legal conflict between civil liberties and national security policies during war. Scholars generally observe the Court’s judicial review as deferential to the government. The War on Terror presents new and different challenges to American civil liberties. While this legal conflict has emerged again under the conditions of a war against terrorism, the war itself is markedly unlike past wars in American history. This research seeks to explain ...


Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson May 2014

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

Chancellor’s Honors Program Projects

No abstract provided.


La República Y El Imperio De Star Wars: Una Aproximación Jurídico-Política, Daniel Soria Luján Jan 2014

La República Y El Imperio De Star Wars: Una Aproximación Jurídico-Política, Daniel Soria Luján

Daniel Soria Luján

No abstract provided.


A New Introduction To American Constitutionalism, Mark Graber Oct 2013

A New Introduction To American Constitutionalism, Mark Graber

Mark Graber

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How do constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct ...


American Communism And Cold War Censorship: The Creation Of A New American Citizen, Matthew P. Valdespino Apr 2013

American Communism And Cold War Censorship: The Creation Of A New American Citizen, Matthew P. Valdespino

CUREJ - College Undergraduate Research Electronic Journal

In this paper, I will examine the relationship between political censorship and Democratic Identity in the United States. Specifically, I will focus on anti-Communist measures aimed at members of the Communist Party of the United States during the Red Scare in the 1950’s. This work will help illuminate on the relationship between political censorship and democratic identity, both on the part of the censors and the censored. Furthermore, by analyzing the Supreme Court’s response to these measures, this work will help demonstrate the link between the Court’s modern jurisprudence on political speech and the decisions of this ...


Redeeming And Living With Evil, Mark A. Graber May 2012

Redeeming And Living With Evil, Mark A. Graber

Mark Graber

Jack Balkin’s Constitutional Redemption and Sandy Levinson’s Constitutional Faith understand the problem of constitutional evil quite differently than Dred Scott and the Problem of Constitutional Evil. Balkin and Levinson regard constitutional redemption and faith as rooted in the possibility that Americans will eventually defeat evil. Constitutional Evil takes the far more pessimistic view that evil will never be defeated. Constitutional faith and redemption in our permanently fallen state is rooted in the possibility that Americans will find ways of living with each other peaceably knowing that the price of union is the continual obligation to make what the ...


Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta May 2012

Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta

Honors Scholar Theses

Ambiguous terms and phrases in the United States Bill of Rights have caused a great deal of controversy throughout United States history over what rights truly exist and which branch of government should be responsible for determining those rights. These questions are currently being debated in states throughout the country concerning the right to same-sex marriage. This thesis answers these questions of legality and responsibility concerning the right to same-sex marriage. The thesis uses case law of the doctrinal development of the Equal Protection Clause and the right to privacy to suggest that the Equal Protection Clause provides the soundest ...


Political Theory In Institutional Context: The Case Of Patriot Royalism, John Compton, Karen Orren Jan 2012

Political Theory In Institutional Context: The Case Of Patriot Royalism, John Compton, Karen Orren

Political Science Faculty Articles and Research

In the aftermath of the Stamp Act, prominent American thinkers of otherwise unquestioned Whiggish affiliation adopted an expansive view of the king’s prerogative powers while simultaneously denying Parliament’s authority to interfere in the internal governance of the colonies. Scholars have generally attributed this stance, known as “patriot royalism,” to political necessity: with no other means of disputing Parliament’s oppressive actions, desperate pamphleteers sought to revive the discredited constitutional ideas of the Stuarts. In contrast, we argue that this position was deeply rooted in the institutional context of colonial governance. More specifically, we show that revolutionary Americans directly ...


The Switch In Time That Saved Nine: A Study Of Justice Owen Roberts's Vote In West Coast Hotel Co. V. Parrish, Brian T. Goldman Jan 2012

The Switch In Time That Saved Nine: A Study Of Justice Owen Roberts's Vote In West Coast Hotel Co. V. Parrish, Brian T. Goldman

CUREJ - College Undergraduate Research Electronic Journal

During President Roosevelt's first term in office (1932-1936) the Supreme Court ruled several landmark New Deal measures unconstitutional; a handful of these decisions were by 5-4 margins. It all changed in 1937, when swing Justice Owen Roberts voted to affirm a minimum wage statute in West Coast Hotel Co. v. Parrish; a year earlier he had voted against minimum wage legislation in a similar case.

This "switch in time that saved nine" has no established consensus that explains its occurrence. Some have posited that President Roosevelt's "court packing" legislation forced Roberts's hand, while other have argued that ...


A Tale Told By A President, Mark A. Graber Nov 2011

A Tale Told By A President, Mark A. Graber

Mark Graber

Part I of this essay makes the case for symbolic politics. Presidents often have political reasons for subjecting courts to mere words. Part II makes the case for constitutional hardball.


First Amendment "Beefs": Agricultural Checkoff Programs And Freedom Of Speech, Sarah A. Vaughn Apr 2011

First Amendment "Beefs": Agricultural Checkoff Programs And Freedom Of Speech, Sarah A. Vaughn

CUREJ - College Undergraduate Research Electronic Journal

In the past fourteen years, the Supreme Court has ruled three separate times on the constitutionality of Federal Farm Promotion Programs under the First Amendment. The challenge has been that the programs, which fund generic advertisements such as “Got Milk?” and “Beef: It’s What’s For Dinner,” compel the subsidization of objectionable speech from private producers. The answers handed down from the Court have been conflicting, but each has contributed to the new, still-emerging “government speech doctrine.” In the most recent case, Johanns v. Livestock Marketing Association (2005), the Court ruled that the speech in question was completely governmental ...


Settling The West: The Annexation Of Texas, The Louisiana Purchase, And Bush V. Gore, Mark Graber Jul 2008

Settling The West: The Annexation Of Texas, The Louisiana Purchase, And Bush V. Gore, Mark Graber

Mark Graber

No abstract provided.


Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber Jul 2008

Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber

Mark Graber

No abstract provided.


Les Services D’IntéRêT GéNéRal : Une Identité EuropéEnne Du Rapport De L’ÉTat Au Marché ?, Philippe Reyniers Jan 2004

Les Services D’IntéRêT GéNéRal : Une Identité EuropéEnne Du Rapport De L’ÉTat Au Marché ?, Philippe Reyniers

Philippe Reyniers

In the context of the European Constitution, this article evaluates the European law applicable to services of general interest. It also analyses the normative premises of its regime, in a comparative perspective with the structures of the national welfare state.


Attitudes About Attitudes, Michael J. Gerhardt May 2003

Attitudes About Attitudes, Michael J. Gerhardt

Michigan Law Review

Attitudes about the Supreme Court differ sharply, particularly among academics. Law professors believe the Constitution and other laws constrain the Court, while most political scientists do not. These different perspectives on justices' fidelity to the law ensure that legal scholars and political scientists have little to say about the Court that is of interest to each other. As a result, it should not be surprising that most legal scholars are unfamiliar with Harold Spaeth and Jeffrey Segal, the two political scientists most closely associated with the view that the law does not constrain the justices from voting their policy preferences ...


The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen Feb 2002

The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen

William & Mary Law Review

No abstract provided.


The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol May 1992

The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol

William & Mary Law Review

No abstract provided.


The American Urge To Censor: Freedom Of Expression Versus The Desire To Sanitize Society - From Anthony Comstock To 2 Live Crew, Margaret A. Blanchard Mar 1992

The American Urge To Censor: Freedom Of Expression Versus The Desire To Sanitize Society - From Anthony Comstock To 2 Live Crew, Margaret A. Blanchard

William & Mary Law Review

No abstract provided.


Executive Orders And The Development Of Presidential Power, William Hebe Jan 1972

Executive Orders And The Development Of Presidential Power, William Hebe

Villanova Law Review

No abstract provided.


Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal Jan 1968

Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal

Villanova Law Review

No abstract provided.


Presidential Inability: Procrastination, Apathy And The Constitution, Cornelius W. Wickersham Jan 1961

Presidential Inability: Procrastination, Apathy And The Constitution, Cornelius W. Wickersham

Villanova Law Review

No abstract provided.


Church And State - Taxation Of Religious Organizations - Benefits Granted By Federal And State Governments, Herbert H. Brown, Joseph J. Mahon Jr. Jan 1959

Church And State - Taxation Of Religious Organizations - Benefits Granted By Federal And State Governments, Herbert H. Brown, Joseph J. Mahon Jr.

Villanova Law Review

No abstract provided.