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Constitutional Law

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Equality Of Participation: A Rawlsian Critique Of U.S. Federal Campaign Finance, Spenser Flinn Powell May 2012

Equality Of Participation: A Rawlsian Critique Of U.S. Federal Campaign Finance, Spenser Flinn Powell

Chancellor’s Honors Program Projects

No abstract provided.


The Federal Judicial Vacancy Crisis: Origins And Solutions, Ryan Shaffer Jan 2012

The Federal Judicial Vacancy Crisis: Origins And Solutions, Ryan Shaffer

CMC Senior Theses

This paper examines the causes of the rise in vacancies on the federal courts in recent decades. Under President Barack Obama, the number of vacancies on the federal courts has sharply jumped. This is due to firm opposition by Senate Republicans, who have used the various procedural tools of that body to make it difficult for nominees to get confirmation. This antagonism is the result of a shift in how the parties view the courts and their role in the American political process. The Warren Court's expansion of substantive due process rights increased the Court's powers to the ...


One People, One Nation, One Power? Re-Evaluating The Role Of The Federal Plenary Power In Immigration, Alexandra R. Saslaw Jan 2012

One People, One Nation, One Power? Re-Evaluating The Role Of The Federal Plenary Power In Immigration, Alexandra R. Saslaw

CMC Senior Theses

This thesis begins with a historical analysis of the legal precedent which has granted the federal government exceptional power over immigration legislation, and demonstrates how that authority has expanded in the last half-century. It then proposes an alternative scheme which would embrace immigration federalism and allow states a larger, but still closely regulated, role in legislation over aliens.


The Individual Mandate, Commerce Clause, And Supreme Court: Predicting The Court's Ruling In Hhs V. Florida, Nicholas Medling Jan 2012

The Individual Mandate, Commerce Clause, And Supreme Court: Predicting The Court's Ruling In Hhs V. Florida, Nicholas Medling

CMC Senior Theses

An analysis of the evolution of the Commerce Clause, the Justices on the Supreme Court, and the arguments presented in this case indicate that the minimum coverage provision of the Patient Protection and Affordable Care Act will be struck down. Although the Court will likely be split 5 to 4 along ideological lines, each of the justices will have a unique rationale behind their decision. Chief Justice Roberts, Justice Scalia, and Justice Kennedy were heavily targeted by both parties’ oral and written arguments because there was speculation that any one of these traditionally conservative justices could be the fifth vote ...


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.


The Fifth Amendment & The Endangered Species Act: An Examination Of Regulatory Takings & The California Water Crisis, Wesley Lawrence Carlson Jun 2010

The Fifth Amendment & The Endangered Species Act: An Examination Of Regulatory Takings & The California Water Crisis, Wesley Lawrence Carlson

Agribusiness

This study was conducted to determine if reductions in water deliveries to farmers in the San Joaquin Valley due to enforcement of the Endangered Species Act has resulted in a compensable Fifth Amendment taking of property. A case study of the California Water Crisis is examined. The subject of this case study is the Westlands Water District.

The details of the California Water Crisis were outlined. The necessary elements of a takings investigation were identified for the case study. These elements were applied to takings criteria that has been established by the courts. Using prior court rulings as a guide ...


Civil Liberty Comparative Study Between The United States And France, Gustave A. Lele Apr 2010

Civil Liberty Comparative Study Between The United States And France, Gustave A. Lele

Theses and Dissertations

This presentation will present and analyze the French and the United States' system of "freedom and civil rights." This presentation will outline the history of each country's legal system, and their constitutions. It will define the differences between the Executive Branch, Legislative Branch, and Judicial Branch of each country. It will compare each country's ideology, philosophy and ways of thinking due to the history of their own democracy. The presentation will analyze and compare each country's civil liberties, court systems, and counter-terrorism laws recently enacted. It will make an in-depth analysis of the way each country "negotiates ...


Governing Gambling In The United States, Maria E. Garcia Jan 2010

Governing Gambling In The United States, Maria E. Garcia

CMC Senior Theses

The role risk taking has played in American history has helped shape current legislation concerning gambling. This thesis attempts to explain the discrepancies in legislation regarding distinct forms of gambling. While casinos are heavily regulated by state and federal laws, most statutes dealing with lotteries strive to regulate the activities of other parties instead of those of the lottery institutions. Incidentally, lotteries are the only form of gambling completely managed by the government. It can be inferred that the United States government is more concerned with people exploiting gambling than with the actual practice of wagering.

In an effort to ...


“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato Dec 2009

“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato

Dissertations - ALL

Robert H. Jackson’s service as Solicitor General has attained mythic status, prompting academics and commentators consistently to rate him as one of the greatest appointees to that office. In part, his stature reflects his extraordinary skill as an attorney. In some measure, Jackson’s legend draws upon the Supreme Court’s growing liberalism, which occurred upon his watch. As Peter Ubertaccio argues in his history of the office, Learned in the Law and Politics, the stature of the Solicitor General suffered during the early 1930s, when the court generally ruled against the government, then improved as the court sided ...


The Major Influences Of The U.S. Constitutional Law Doctrines On The Interpretation And Application Of The Constitution Of The Republic Of Korea : Critical Analysis On The Current Constitutional Court's Decisions And Thoughts Of The Necessity Of Amendment Of The Current Constitution Of The Republic Of Korea, Hanjoo Lee Apr 2007

The Major Influences Of The U.S. Constitutional Law Doctrines On The Interpretation And Application Of The Constitution Of The Republic Of Korea : Critical Analysis On The Current Constitutional Court's Decisions And Thoughts Of The Necessity Of Amendment Of The Current Constitution Of The Republic Of Korea, Hanjoo Lee

Theses and Dissertations

Since the end of World War II, the United States has affected constitutionalism in many countries of Asia. The United States occupied the Philippines (1898-1946, except 1943-1945), Japan (1945-1952), and South Korea (1945-1948) and encouraged democratic revolution there, with different polices and results. The U.S.A. Military Government in Korea ("USAMGIK") directly governed southern part of Korean Peninsula from its liberation in 1945 until the establishment of the Constitution of the Republic of Korea with declaration of beginning of independence in 1948. Although Americans did not participate in drafting the Constitution, USAMGIK gave its essential backing to the autonomy ...


Transitional Authority In Iraq : Legitimacy, Governance And Potential Contribution To The Progressive Development Of International Law, Zakia Afrin Jan 2007

Transitional Authority In Iraq : Legitimacy, Governance And Potential Contribution To The Progressive Development Of International Law, Zakia Afrin

Theses and Dissertations

This work is intended to accomplish a number of objectives, including, among others: 1. An analyses, syntheses and examination in depth of all the international instruments relating the to formation of a Transitional Authority, the extent of its authority and the ecologies of effective authority. 2. A description of the foundation, legality and procedures undertaken by the Iraqi Transitional Authority; provision of a critical analysis of the same. 3. A suggestion of ways and means of implementation, compliance and enforcement of existing international norms related to Transitional Authorities and recommend modes of developing the jurisprudence in this area of law.


The Selective Capacity Of The Likely To Become A Public Charge Clause In The Visa Issuance Process, Camila Morsch Jan 2006

The Selective Capacity Of The Likely To Become A Public Charge Clause In The Visa Issuance Process, Camila Morsch

Theses, Dissertations and Capstones

This paper provides an empirical examination of how the Likely to Become a Public Charge Clause (LPCC) is used in the American visa issuance process. This work covers literature on the logic and usage of the LPCC since the late 1800’s to present, suggesting administrative use of the LPCC expands according to different circumstances beyond its intended purposes. The quantitative portion of this work evaluates the use of the LPCC (for both immigrant applicant and nonimmigrant applicant populations) from 1966 to 2002 to ascertain the effect of economic and security conditions on the use of the LPCC. Applied Statistical ...


The Legitimacy Of The Modern Militia, Jonathan Huber Jan 2001

The Legitimacy Of The Modern Militia, Jonathan Huber

Honors Theses

On May 16, 2001, barring any last minute court appeals, Timothy c Veigh will be executed for his role in the bombing of the Alfred P. Murrah Federal Building in Oklahoma City. He along with thousands of other Americans who have joined private armies, known as militia, to fight the American government share a common belief that the American government is corrupt at its core and actions such as this one are at the very least patriotic. To most Americans, however, acts such as the bombing of the Oklahoma City Federal Building are not only terroristic, but demonstrate the need ...


Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize Jan 1996

Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize

Theses and Major Papers

this thesis examines whether the current shoreline setback scheme provided for under the Massachusetts Wetlands Protection Act may be deemed unconstitutional under the Takings Clause of the Fifth Amendment to the U. S. Constitution in light of recent holdings of the U.S. Supreme Court. In so doing, the thesis addresses what latitude regulators in Massachusetts may have under the merging case law. Because this area of law -- regulatory takings -- is still evolving, it was necessary to look at the evolution of the law in the U.S. Supreme Court and the Massachusetts appellate level courts. Research reveals that regulatory ...


State Imposed Anchorage Laws: Legitimate Practice, Or Unconstitutional Restriction Of Navigation?, George Yatrakis Jan 1994

State Imposed Anchorage Laws: Legitimate Practice, Or Unconstitutional Restriction Of Navigation?, George Yatrakis

Theses and Major Papers

In recent times, there has been a proliferation of laws enacted by individual states and townships which restrict the ability of mariners to anchor within navigable waters of the United States. These laws have been enacted in many of the coastal states, but are most prevalent in California, Florida and Hawaii. Uncertainty as to whether anchoring is an act of navigation, thereby being a constitutional right, has resulted in confusion among boaters, legal authorities and policy makers. In an attempt to clarify the uncertainty surrounding this issue, a lawsuit challenging the constitutionality of anchoring laws within the State of Hawaii ...


The Governorship Of Bob Riley, Brian Stanford Miller Jan 1993

The Governorship Of Bob Riley, Brian Stanford Miller

Honors Theses

Without a backward glance Bob Riley, his wife, Claudia, and their daughter, Megan negotiated the Capitol stairway to the bottom floor, while above them in the House chamber legislators waited for the arrival of the 39th governor of Arkansas. At the bottom of the steps Vaughn Webb, an aide in the Secretary of State's office, presented Riley with an Arkansas state flag that had flown that morning of January 14, 1975, while several admirers applauded from the second floor railing above. Riley then left for Arkadelphia, where he would resume his role as head of the Political Science department ...


The Transformation Of The American Constitution, Stephen Heywood Seay Jan 1990

The Transformation Of The American Constitution, Stephen Heywood Seay

Theses Digitization Project

No abstract provided.


Tipping The Scales Of Justice: The Effects Of Pretrial Publicity, Albert Joseph De Luca Jan 1979

Tipping The Scales Of Justice: The Effects Of Pretrial Publicity, Albert Joseph De Luca

Retrospective Theses and Dissertations

No abstract provided.


Background To The Second Amendment, : "A Well Regulated Militia Being Necessary To The Security Of A Free State, The Right Of The People To Keep And Bear Arms Shall Not Be Infringed.", John Thomas Nichols Jan 1977

Background To The Second Amendment, : "A Well Regulated Militia Being Necessary To The Security Of A Free State, The Right Of The People To Keep And Bear Arms Shall Not Be Infringed.", John Thomas Nichols

Dissertations and Theses

Research into the background of the Second Amendment is hampered by its relationship to the current highly emotional debate over gun control. Many otherwise useful secondary sources either ignore the issue completely or give accounts which reflect the controversies of the twentieth century rather than those of the eighteenth. Fortunately, however, the Americans of the revolutionary era wrote extensively about the subject.

With independence, the Americans were faced with the problem of organizing and controlling a defense establishment. The new nation was virtually defenseless: the

Continental Army was disbanded and the militia, after years of neglect, emasculated. During the decade ...


Executive Powers: The Role Of The Supreme Court In An Expanding Presidency, Gale M. Filter Jan 1975

Executive Powers: The Role Of The Supreme Court In An Expanding Presidency, Gale M. Filter

All Student Theses

In the "Pacificus-Helvidius" debate of 1793, Alexander Hamilton locked horns with James Madison in a classic exchange of broadsides on the issue of express versus inherent executive powers. In his interpretation of presidential powers, Hamilton sows the seeds for an argument which justifies the exercise of executive powers in combating situations of domestic emergency and in matters concerning the general welfare or public interest. The seeds of this theory took firm root more than sixty years later in the administration of Abraham Lincoln. Subsequently, the growth of these roots was stimulated by the Supreme Court's decisions in the famous ...


The Development And Constitutionality Of The 1971 Delaware Coastal Zone Act, Francis Cameron May 1972

The Development And Constitutionality Of The 1971 Delaware Coastal Zone Act, Francis Cameron

Theses and Major Papers

In June 1971, the Delaware Legislature passed the Delaware Coastal Zone Act that barred heavy manufacturing industry from locating in an area one to six miles deep along the state's 115 mile coastline. The act created a State Coastal Zone Industrial Control Board to hear appeals from decisions of the State Planner. In addition, the act prohibited the construction in the bay of marine terminals for the transshipment of liquid and solid bulk materials of any substance, (specifically aimed at offshore oil and coal transfer) from vessels to onshore facilities. The law's immediate effect was to block several ...


Constitutionality Of Section 29 Of The New York Liquor Tax Law Of 1896, Thomas Francis Fennell Jan 1897

Constitutionality Of Section 29 Of The New York Liquor Tax Law Of 1896, Thomas Francis Fennell

Historical Theses and Dissertations Collection

No abstract provided.


Constitutionality Of Municipal Aid To Railways, Max H. Kunze Jan 1895

Constitutionality Of Municipal Aid To Railways, Max H. Kunze

Historical Theses and Dissertations Collection

No abstract provided.


The Right Of A State To Interfere With Inter-State Commerce Through The Exercise Of Its Police Power, Jean I. Weeks Jan 1895

The Right Of A State To Interfere With Inter-State Commerce Through The Exercise Of Its Police Power, Jean I. Weeks

Historical Theses and Dissertations Collection

No abstract provided.