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Articles 1 - 30 of 108
Full-Text Articles in Entire DC Network
Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell
Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell
Undergraduate Theses, Professional Papers, and Capstone Artifacts
No abstract provided.
The Establishment Of The American Judicial System Through Marbury Vs. Madison, Conner White
The Establishment Of The American Judicial System Through Marbury Vs. Madison, Conner White
Tenor of Our Times
Marbury, Madison, Marshall, Supreme Court, Justice, Jefferson, America, Constitution, 1800, Democratic-Republican, Federalist, Judiciary
Historical Understanding In The U.S. Constitution, Kristopher W. Chesterman
Historical Understanding In The U.S. Constitution, Kristopher W. Chesterman
Doctoral Dissertations and Projects
How did the America’s Founding Fathers use historical knowledge to inform their actions and decisions that ultimately led to the creation of the Constitution? This dissertation begins to answer this question by providing context to the Framers’ education on both colonial and personal levels. Starting with exposure to historical content through learning Greek and Latin, this research explores the depth of historical knowledge possessed by the Founders and how they used that knowledge to explain their thoughts and ideas throughout the tumultuous years surrounding the American Revolutionary War. This aspect of the Constitution’s formation is overshadowed by the prominence of …
The Threat To Academic & Intellectual Freedom, Christopher M. Jimenez, Melissa Del Castillo, Stephen Thomson Moore, Lowell Bryan Cooper, Jacqueline Radebaugh, George Pearson
The Threat To Academic & Intellectual Freedom, Christopher M. Jimenez, Melissa Del Castillo, Stephen Thomson Moore, Lowell Bryan Cooper, Jacqueline Radebaugh, George Pearson
Works of the FIU Libraries
The Academic and Intellectual Freedom Ad Hoc Committee presented a First Thursday discussion on May 4 about academic and intellectual freedom. Starting with a brief definition of these terms, they traced the history of Academic Freedom and how current events affect us at FIU. The committee posed several real-life scenarios threatening Academic/Intellectual Freedom in libraries. All library staff were invited to attend this lively discussion.
Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers
Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers
Dissertations, Theses, and Capstone Projects
The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …
Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah
Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah
Book Chapters
In an increasingly globalized world, a world in flux, which is constantly subject to rapid circulation of information, change is a dimension that we all experience in our lives with ever increasing frequency. Change, be it that of customs and fashion or that of laws and systems of government, is something which now seems impossible to escape. Change is an integral part of our unstable contemporaneity.
This is not only a continuous change but also a rapid one. In such a social and political environment, at a global and local level, it is more and more difficult to find a …
Save Your Local Government Committee - Louisville, Kentucky (Sc 3652), Manuscripts & Folklife Archives
Save Your Local Government Committee - Louisville, Kentucky (Sc 3652), Manuscripts & Folklife Archives
MSS Finding Aids
Finding and and scan (Click on "Additional Files" below) for Manuscripts Small Collection 3652. Flyer issued by the Save Your Local Government Committee, Louisville, Kentucky, outlining its objections to the proposed new state constitution and urging voters to vote against its adoption on 8 November 1966.
Law Library Blog (July 2022): Legal Beagle Blog Archive, Roger Williams University School Of Law
Law Library Blog (July 2022): Legal Beagle Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
“The Mount Atlas Of Independence”: Forgotten Founder Roger Sherman, Kaitlyn Kenney
“The Mount Atlas Of Independence”: Forgotten Founder Roger Sherman, Kaitlyn Kenney
Masters Theses
Roger Sherman is perhaps the most important forgotten founder of the United States. Best known for creating the Connecticut compromise which reconciled the VA and NJ plans by having the House of Representatives be based on population and having each state have one vote in the Senate, he also was instrumental throughout the founding. He was the only man to sign and help draft every major founding document of the United States, one of a select group of self-taught founders and a man who served in practically every civil service position imaginable. Born in Massachusetts, Sherman would move to Connecticut …
The Consent Of The Governed: Constitutionalism Of The Levellers And Its Influence On Anglo-American Political Discourse, Nathan B. Gilson
The Consent Of The Governed: Constitutionalism Of The Levellers And Its Influence On Anglo-American Political Discourse, Nathan B. Gilson
Doctoral Dissertations and Projects
More fully understanding the Levellers suggests a new framework for understanding Anglo-American constitutionalism and jurisprudence. There was a logical progression in their constitutional thought, by which the exigent developments of the 1640s conflict continually pushed the Levellers to articulate new constitutional propositions. It eventually led them to a fully developed contractual theory for the origins of society based on the continuing consent of the People, including the rights to revolution and resistance, within a natural rights framework. The Levellers argued for limitations on the sovereignty of the government by the People, as opposed to the position of the Monarchists, Independents, …
The Pardon Paradigm: The Presidential Pardons Of Donald J. Trump, Hlynur Saemundsson
The Pardon Paradigm: The Presidential Pardons Of Donald J. Trump, Hlynur Saemundsson
Honors Undergraduate Theses
The presidential pardon power is an oft-overlooked political institution that seems to be perceived as being innocuous and irrelevant to larger political concerns. This research examines the pardons issued by President Donald J. Trump in an effort to evaluate whether they align with constitutional expectations regarding the use of this unrestricted presidential power. Dr. Jeffrey Crouch, a leading scholar on the subject, has demonstrated that the pardon power was intended to be used as a disinterested act of grace or an act in the public interest. A close survey of President Trump’s use of this power shows that many of …
Seeing In Stereo, Anne-Marie Slaughter
Seeing In Stereo, Anne-Marie Slaughter
The US Army War College Quarterly: Parameters
No abstract provided.
U.S. Government And Politics In Principle And Practice: Democracy, Rights, Freedoms And Empire, Samuel Finesurrey, Gary Greaves
U.S. Government And Politics In Principle And Practice: Democracy, Rights, Freedoms And Empire, Samuel Finesurrey, Gary Greaves
Open Educational Resources
This book is written for students early in college to provide a guide to the founding documents and structures of governance that form the United States political system. This book is called American Government and Politics in Principle and Practice because you will notice that what has been inscribed in law has not always been applied in practice-particularly for indigenous peoples, enslaved peoples, people of color, women, LGBTQIA+, people with disabilities, those formerly incarcerated, immigrants and the working class within U.S. society. In designing this book, we have two goals. First, we want you to know what the founding documents …
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
Dickinson Law Review (2017-Present)
This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.
This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, …
Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law
Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Constitutional Reflections Of The People: Representation In The Constitutions Of The United States (1789) And Chile (1833), Zoe E. Nelson
Constitutional Reflections Of The People: Representation In The Constitutions Of The United States (1789) And Chile (1833), Zoe E. Nelson
Undergraduate Theses, Professional Papers, and Capstone Artifacts
This paper is a comparative analysis of the American Constitution of 1789 and the Chilean Constitution of 1833, as well as the political writings of major political theorists prior to the making of each constitution. In comparing the historical development and making of Constitutions in post-war, newly independent American nations, this paper seeks to understand the similarities between American and Chilean Constitutional institutions and underlying political theory from a historical perspective. Bearing this purpose in mind, this paper asks, “In what ways were the Constitution making measures of Chile and the United States in 1833 and 1789, respectively, a reflection …
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Touro Law Review
No abstract provided.
Public Financing Of Elections In The States, Nicholas Meixsell
Public Financing Of Elections In The States, Nicholas Meixsell
Honors Theses
In the US, there is a history of the courts striking down campaign finance reform measures as unconstitutional. As such, there are few avenues remaining for someone who is interested in 'clean government' reforms. One such avenue is publicly financed elections, where the state actually provides funding for campaigns. These systems can be quite varied in the restrictions and contingencies they attach to the money, and for examples one has to look no further than the states There are many states that have some form of public financing for elections, and by looking at the different states' systems we are …
Shifting Interpretations: Unionism In Virginia On The Eve Of Secession, Matthew B. Gittelman
Shifting Interpretations: Unionism In Virginia On The Eve Of Secession, Matthew B. Gittelman
James Blair Historical Review
In the winter of 1861, the citizens of Pittsylvania County, Virginia, met to discuss the question of secession. They adopted a set of motions drafted by Judge William Marshal Treadway, which chiefly criticized northern states for refusing to uphold the Fugitive Slave Act and alleged that they were the true violators of the Constitution. If “Mr. Treadway's Resolution” is treated as a microcosm of Virginian thought on the eve of the Civil War, then the document raises serious questions. This paper evaluates the contentions of the Resolution and weighs evidence that both supports and contradicts the subversive claims it contains. …
Referendum On The Revolution: The Pennsylvania Constitutional Debate, 1776-1784, Tristan James New
Referendum On The Revolution: The Pennsylvania Constitutional Debate, 1776-1784, Tristan James New
Online Theses and Dissertations
The Pennsylvania constitution of 1776 ignited an extensive and intractable debate that remained at the center of the state’s politics throughout the Revolutionary period. This debate encompassed disagreement over a broad range of questions relating to the relationship between government and society, many of which brought into question the implications of the concept of popular sovereignty for governmental structure and popular political agency. Competing notions regarding these issues, while expressed within a general framework of consensus concerning the source of political authority [the people], revealed fundamentally different visions of governmental order. Partisans presented these visions as inextricably connected to their …
“Of Every Sort”: Conceptions Of Property Rights At The Time Of The American Founding, Zachary Wong
“Of Every Sort”: Conceptions Of Property Rights At The Time Of The American Founding, Zachary Wong
CMC Senior Theses
The most contentious issues of our day often have to do with political and social rights as opposed to economic rights. Through the lens of property rights I investigate whether this dichotomy existed at the time of the American founding. First, I examine the state constitutions and identify three clauses, common to the documents, which protect property rights. I examine their historical basis and reveal their connection to English common law and Locke, primarily. Then, I discuss the personal views of Madison and Jefferson to gain insight into the personal thoughts of two of the most influential Founders. Finally, I …
Land In South Africa: Dispossession, Constitutionalism, Political Expediency, Dylan Anton Sparks
Land In South Africa: Dispossession, Constitutionalism, Political Expediency, Dylan Anton Sparks
Senior Projects Spring 2019
This project explores the political history of land dispossession in twentieth century South Africa. It conducts a comprehensive analysis of the legal mechanisms and public policies articulated in the democratic era to address the dark history of dispossession and land theft. It concludes with the suggestion that the resurgence of land in the contemporary political debate questions the legitimacy of the democratic transition and Constitution, when, in fact, the political establishment bears a large responsibility for the glacial pace of land reform over the first twenty-five years of democracy.
Eugenics, Margaret Ann Donnell
Eugenics, Margaret Ann Donnell
History Class Publications
Naturally, and quite understandably, people avoid discussing the dark periods of human history, specifically the inconceivable acts of dehumanization imposed on their fellow man.
Individuals struggle to understand, sometimes simply because they cannot fathom, how a person—and in some cases, an institution—can manipulate and devalue another human being or groups of people. Often, the standards by which those with the “authority” to determine the lack of worth of the individual or population are arbitrary and subjective.
All of this is relevant in a conversation over the eugenics movement of the United States, occurring in the early to mid-twentieth century.
When …
Ike’S Constitutional Venturing: The Institutionalization Of The Cia, Covert Action, And American Interventionism, Jacob A. Bruggeman
Ike’S Constitutional Venturing: The Institutionalization Of The Cia, Covert Action, And American Interventionism, Jacob A. Bruggeman
Grand Valley Journal of History
U.S. covert action from the 1950s onward was shaped, in part, by the success a CIA-orchestrated coup d'état in which the United States deposed the popular Iranian nationalist Mohammed Mossadegh. Ordered by president Eisenhower, the coup in Iran set the precedent for utilizing covert action as a means of achieving State goals. In so doing, President Eisenhower overturned the precedent set by his immediate predecessor, President Truman: that is, the precedent of using the CIA in its intended function, gathering and evaluating intelligence. The coup, then, is an exemplary case of venture constitutionalism. Eisenhower, in ordering the coup, extended his …
A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton
A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton
Senior Honors Theses
This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.
"Chinaman" And The Constitution: The Development Of Federal Power Over Immigration In 19th- Century United States, Raymond Yang
"Chinaman" And The Constitution: The Development Of Federal Power Over Immigration In 19th- Century United States, Raymond Yang
Armstrong Undergraduate Journal of History
About the author:
Raymond Yang is currently a fourth-year political science and economics student at University of California, Merced. His research interest focuses on 19th century American and East Asian legal history. He plans to attend law school after graduation.
"True Principles Of Liberty And Natural Right" : The Vermont State Constitution And The American Revolution, Kevin R. Ingraham
"True Principles Of Liberty And Natural Right" : The Vermont State Constitution And The American Revolution, Kevin R. Ingraham
Legacy Theses & Dissertations (2009 - 2024)
The Vermont state constitution was the most revolutionary and democratic plan of government established in America during the late eighteenth century. It abolished adult slavery, eliminated property qualifications for holding office, and established universal male suffrage. It invested broad power in a unicameral legislature, through which citizens might directly express their will through their elected representatives. It created a weak executive with limited power to veto legislation. It mandated annual elections for all state offices, by which the people might frequently accept, or reject, their leaders. It thus established a participatory democracy in which ordinary citizens enjoyed broad access to …
Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin
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
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 …