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The Restoration Of Religious Freedom: Joseph Smith’S Evolving Understanding Of The United States Constitution, 1830-1844, Mitch Nelson
The Restoration Of Religious Freedom: Joseph Smith’S Evolving Understanding Of The United States Constitution, 1830-1844, Mitch Nelson
CGU Theses & Dissertations
As the founder of the most persecuted denomination of the nineteenth century in the United States, Joseph Smith desperately yearned for religious freedom. I argue that Joseph Smith understood religious freedom as a theological doctrine given by God to help individuals, communities, and nations discover how to balance order and diversity. Rather than being a product of democratic government, he viewed religious freedom as the necessary foundation for a just government and society. Therefore, maintaining religious freedom would preserve the governing system, not the other way around. For Joseph, religious freedom was incrementally discovered in a process of identity formation …
Healthy And Unhealthy Responses To American Democratic Institutional Failure, Thomas D'Anieri
Healthy And Unhealthy Responses To American Democratic Institutional Failure, Thomas D'Anieri
CMC Senior Theses
I have set out on the hunch that politics in America “feels different,” that we are frustrated both with our institutions as well as with one another. First, I will seek to empirically verify this claim beyond mere “feelings.” If it can be shown that these kinds of discontent genuinely exist to the extent that I believe they do, I will then explain why people feel this way and why things are different this time from the economic, political, and social points of view. Next, I will examine two potential responses, what I will call the populist and the institutional …
“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 …
The Right To Digital Privacy: Advancing The Jeffersonian Vision Of Adaptive Change, Kerry Moller
The Right To Digital Privacy: Advancing The Jeffersonian Vision Of Adaptive Change, Kerry Moller
CMC Senior Theses
The relationship between privacy, technology, and law is complex. Thomas Jefferson’s prescient nineteenth century observation that laws and institutions must keep pace with the times offers a vision for change. Statutory law and court precedents help to define our right to privacy, however, the development of new technologies has complicated the application of old precedents and statutes. Third party organizations, such as Google, facilitate new methods of communication, and the government can often collect the information that third parties receive with a subpoena or court order, rather than a Fourth Amendment-mandated warrant. Privacy promotes fundamental democratic freedoms, however, under current …
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 …
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.
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 (Rossum et …