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Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin Dec 2017

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 Dec 2017

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 …


The Indian Removal Act: Jackson, Sovereignty And Executive Will, Daniele Celano Sep 2017

The Indian Removal Act: Jackson, Sovereignty And Executive Will, Daniele Celano

The Purdue Historian

From King Andrew I to Old Hickory, Andrew Jackson had no shortage of nicknames symbolic of the opposing opinions of the president responsible for the forced removal of all Native peoples from the American South. While on its face the Indian Removal Act of 1830 appears to be little more than a racist executive order purporting large-scale land theft, the Act was also a manifestation of executive power and competing constitutional interpretations of sovereignty. In using his presidential authority to demand Indian removal, Jackson not only restructured national Indian policy, but further challenged both the power balance between state and …


Book Review Of A Companion To James Madison And James Monroe, Dinah Mayo-Bobee Aug 2017

Book Review Of A Companion To James Madison And James Monroe, Dinah Mayo-Bobee

Dinah Mayo-Bobee

Review of A Companion to James Madison and James Monroe edited by Stuart Leibiger


Of A Healthy Constitution: Socialized Medicine Between The Triumphs Of Social Security And Medicare, Sarah D. Kim Jan 2017

Of A Healthy Constitution: Socialized Medicine Between The Triumphs Of Social Security And Medicare, Sarah D. Kim

Kaplan Senior Essay Prize for Use of Library Special Collections

In January 1937, Thomas Thacher, a former solicitor general of the United States under President Hoover, gave a talk at the annual meeting of the American Academy of Medicine. He attacked socialized medicine as a “fallacy” that would “blanket the country without regard to local conditions and individuals.” He also expressed doubts about the constitutionality of socialized medicine under the proposed system of compulsory health insurance, adding that states had no power to enforce funding for it. (Funding for such insurance would entail a sliding scale of costs between those in the upper and middle-income brackets, or to take money …


A New Look At The Constitutional Convention And State Ratifying Conventions: How Reason And Interest Played A Role, Nicole Carroll Jan 2017

A New Look At The Constitutional Convention And State Ratifying Conventions: How Reason And Interest Played A Role, Nicole Carroll

Western Libraries Undergraduate Research Award

Although there have been amendments added over time, we continue to follow the foundation laid out in the Constitution over 200 years ago. However, there currently remains disagreement among scholars over the motivation behind decisions made during both the Constitutional Convention and the State Ratifying Conventions. Some scholars argue that the Constitution was the final result of thoughtful deliberation in which reason and principle prevailed. Other scholars suggest that reason had little to do with the Convention and both individual and state interests drove the decisions that were made. Some scholars come in with a third point of view, but …


Of A Healthy Constitution: Socialized Medicine Between The Triumphs Of Social Security And Medicare, Sarah D. Kim Jan 2017

Of A Healthy Constitution: Socialized Medicine Between The Triumphs Of Social Security And Medicare, Sarah D. Kim

Harvey M. Applebaum ’59 Award

No abstract provided.