Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 7 of 7
Full-Text Articles in Entire DC Network
What Are Our Unenumerated Rights As Americans? An Analysis Of The Ninth Amendment And The Fourteenth Amendment’S Privileges Or Immunities Clause Using Original Intent Originalism, Bryan Habashi
Undergraduate Honors Theses
This research aims to determine what the author believes is the original intent of the Ninth Amendment and the Privileges or Immunities Clause of the Fourteenth Amendment. The author plans to do this through a variation of original intent originalism, the philosophy that the original meaning of the text should be what the framers (and secondarily the ratifiers) said the text means. The author believes that original intent originalism is the correct method to interpret the Constitution. This thesis will begin with a defense of this philosophy. Then the author will use this philosophy to determine the original intent of …
Partisan Gerrymandering And The Right To Privacy, Ana Deckey
Partisan Gerrymandering And The Right To Privacy, Ana Deckey
CMC Senior Theses
This paper argues that partisan gerrymanderers violate citizens’ right to privacy by using data containing sensitive information on citizens without a compelling state interest. It first details how partisan gerrymandering claims have been argued in Court in the past. Next, it discusses theories of the right to privacy, mainly exploring the tensions between James Madison’s writings on privacy and Warren and Brandeis’ famed The Right to Privacy. Then, I present originalist arguments for upholding the original meaning and principles of the right to privacy and the Fourth and Fourteenth Amendments before walking through case law related to privacy and …
Habeas Corpus And The Politics Of History, Isaac Cui
Habeas Corpus And The Politics Of History, Isaac Cui
Pomona Senior Theses
Vijayakumar Thuraissigiam, a Tamil citizen of Sri Lanka, was apprehended after unlawfully entering the United States. Placed in expedited removal proceedings, which allows for streamlined deportation, Thuraissigiam sought asylum. However, he was found to lack the requisite credible fear of persecution based on a protected status. He petitioned for a writ of habeas corpus to review the legality of that determination. But because the expedited removal process limits federal habeas jurisdiction, his petition was dismissed. He claims that limitation violates the U.S. Constitution’s Suspension Clause, which provides: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless …
Fixed Constitutional Meaning And Other Implausible Originalisms, Frederick M. Gedicks
Fixed Constitutional Meaning And Other Implausible Originalisms, Frederick M. Gedicks
Theses and Dissertations
Public-meaning originalists contend that judges properly interpret the Constitution only when they discover and apply its “original public meaning”—how the public understood the Constitution at the time it was adopted. Public-meaning originalism is premised on the “fixation thesis”—the meaning of any constitutional text is fixed when it is adopted. Concerns of the present, therefore, cannot affect constitutional meaning. Public meaning originalists acknowledge that the search for the fixed original meaning is not always successful, but it is always ontologically “there” to be found, even if epistemologically we sometimes fail to find it. The fixation thesis underwrites the powerful rhetoric of …
A Critical Perspective On Scalian-Originalism’S Interpretation Of The First Amendment’S Freedom Of Speech Clause, Shiela M. Hawkins
A Critical Perspective On Scalian-Originalism’S Interpretation Of The First Amendment’S Freedom Of Speech Clause, Shiela M. Hawkins
Masters Theses
Justice Antonin Scalia proudly proclaimed that he was an Originalist, which is the theory that the Constitution should be interpreted in the same manner as those who ratified and drafted the document would have interpreted it. Scalian-Originalism faced several liberal legal critiques that challenged the legitimacy of the method and theory. This manuscript seeks to further the debate regarding Scalian-Originalism’s interpretation of the First Amendment by applying a Critical Legal perspective. The analysis is done in the form of an immanent critique, and examines the legitimacy of Scalian-Originalism’s First Amendment interpretation by the theory’s ability to further equality and democratic …
Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan
Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan
CMC Senior Theses
In my analysis of affirmative action policy, I began the search without having formed any opinion whatsoever. The topic was interesting to me, and after reading a mass of news editorials and their op-eds, I decided to take up the argument for myself. Other than the fact that I am a student, I have no stake in affirmative action policy. This paper relies primarily on the foremost half-dozen or so notable mismatch theory scholars, a close reading of an innumerable number of Supreme Court opinions, affirmative action related studies from higher education academics and policy institutes, and how historical executive …
Legal Interpretation: Taking Words Seriously, Allison W. Scott
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.