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Enacting Freedom: How Abraham Lincoln And Ralph Waldo Emerson Completed The American Revolution, Ryan K. Stimson May 2011

Enacting Freedom: How Abraham Lincoln And Ralph Waldo Emerson Completed The American Revolution, Ryan K. Stimson

English Master’s Theses

Slavery thrust America into a moral and legal dilemma. The Constitution and Declaration of Independence offered contradicting readings with regards to natural law and actual law. Slavery became representative of the gulf of interpretation between these two documents. Ralph Waldo Emerson and Lysander Spooner were moral refomers that attacked slavery by supporting the message of equality found within the Declaration of Independence. Thomas Dew and Rufus Choate were proslavery theorists who regularly used history as a means to legitimize slavery. William Henry Seward called for the support of a "Higher Law" than the Constitution that owes more to the verbiage ...


In Re Neagle: A Case Study In Executive Prerogative, Shanna P. Lodge May 2011

In Re Neagle: A Case Study In Executive Prerogative, Shanna P. Lodge

Honors Projects and Presentations: Undergraduate

There is a constitutional debate, nearly as old as the nation itself, over the question of what the President has the authority to do. Is he authorized to act where the law is silent? Can he act in the absence of Congressional statute or express constitutional authorization? Over the past two centuries, justices, Presidents, and constitutional scholars have articulated arguments on both sides of this issue. One important Supreme Court statement on the issue, however, often goes unnoticed. The decision of the Court in In re Neagle deserves more credit and more space on the pages of the history books ...


Comparing And Contrasting The Constitutional Approaches Of Justice Scalia And Justice Breyer Through The Pending Supreme Court Case Schwarzenegger V Entertainment Merchants Association, Katherine E. Moran Ms. Jan 2011

Comparing And Contrasting The Constitutional Approaches Of Justice Scalia And Justice Breyer Through The Pending Supreme Court Case Schwarzenegger V Entertainment Merchants Association, Katherine E. Moran Ms.

CMC Senior Theses

The aim of this thesis is to explore the differences and similarities between Justice Antonin Scalia’s textualist approach to interpreting the Constitution and Justice Stephen Breyer’s Living Constitution approach (also called the evolutionist approach) by applying these disparate legal theories to Schwarzenegger v Entertainment Merchants Association, a case currently pending before the Supreme Court whose resolution centers on the interpretation of the First Amendment. The textualist approach relies primarily on interpreting the original meaning of the text of the Constitution, and attempting to decide cases in a way that is faithful to an amendment’s words as written ...


Legal Interpretation: Taking Words Seriously, Allison W. Scott Jan 2011

Legal Interpretation: Taking Words Seriously, Allison W. Scott

CMC Senior Theses

This thesis examines the consequences of taking a conversational approach to legal interpretation. This is meant to contrast with and improve the argument given in Ronald Dworkin's Law's Empire.


Powers Of War: President Versus Congress, Jordan D. Santo Jan 2011

Powers Of War: President Versus Congress, Jordan D. Santo

CMC Senior Theses

Before the United States Constitution was ratified there was much debate about what war powers the executive and legislative branches should hold. After much deliberation it was decided that the power to declare war would fall under the control of Congress. But as time passed, control over initiating military action began to shift from Congress to the President. This thesis examines the shift of power from the legislature to the President. The thesis explains the difference between a declaration of war, an authorization of force, as well as using the military as a police force. It examines the precedents set ...


An In Depth Look At Gonzales V. Raich: The History Of Medical Marijuana And The Commerce Clause, Rory S. Baird Jan 2011

An In Depth Look At Gonzales V. Raich: The History Of Medical Marijuana And The Commerce Clause, Rory S. Baird

CMC Senior Theses

The Supreme Court case, Gonzales v. Raich (2005), ruled medical marijuana use, authorized by the State of California, was subject to federal prosecution and regulation under the interstate commerce clause.


Judging The Justices: A Critical Analysis Of Citizens United V. Federal Election Commission, Cassandra Gurrola Jan 2011

Judging The Justices: A Critical Analysis Of Citizens United V. Federal Election Commission, Cassandra Gurrola

CMC Senior Theses

This thesis examines the recently decided Supreme Court case Citizens United v. Federal Election Commission. The case regards campaign finance reform, and has raised significant controversy recently. This thesis will evaluate the arguments from both the dissent and the majority opinions, contextualize these arguments with respect to the history of campaign finance reform and the history of the legislation with regard to corporations, and will ultimately pass judgment on whether the Court was correct in its decision. Implications for the post-Citizens world will also be considered.