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The Evolution Of Substantive Due Process Throughout Time, Vitoria Olivo Factor

Honors Undergraduate Theses

Substantive due process has been of great importance to the decision of many Supreme Court cases since its beginning. Since its inception in Lochner v. New York,[1] the Supreme Court has used the theory of substantive due process in order to grant numerous rights to individuals and this theory has been interpreted differently by each Justice that has crossed its path.

This thesis will explain how recent changes in the composition of the United States Supreme Court make it likely that judicial opinions involving substantive due process will be decided differently. The United States Supreme Court’s future substantive …

Necessary And Convenient: The Effect Of Commerce And Necessary And Proper Clause Jurisprudence, Janis Olkowicz

Honors Undergraduate Theses

While reading a news article about the upcoming presidential election one day, I noticed a trend. The vast majority of political articles discuss what the federal government should do, but almost never cover what it could do. In elementary school, American children are taught that the Constitution, a 4,543-word document, is the place from which all federal power is derived; but the Constitution says nothing about the regulation of travel, narcotics, or the vast majority of other areas that affect the way we live our daily lives, so where does that power come from? After some preliminary research, I discovered …