History Commons^™

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

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

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

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.

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 …

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 …

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

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

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 …

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

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 …

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

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

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.

"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

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

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 …

The Indian Removal Act: Jackson, Sovereignty And Executive Will, Daniele Celano

The Purdue Historian

From King Andrew I to Old Hickory, Andrew Jackson had no shortage of nicknames symbolic of the opposing opinions of the president responsible for the forced removal of all Native peoples from the American South. While on its face the Indian Removal Act of 1830 appears to be little more than a racist executive order purporting large-scale land theft, the Act was also a manifestation of executive power and competing constitutional interpretations of sovereignty. In using his presidential authority to demand Indian removal, Jackson not only restructured national Indian policy, but further challenged both the power balance between state and …

Book Review Of A Companion To James Madison And James Monroe, Dinah Mayo-Bobee

Dinah Mayo-Bobee

Review of A Companion to James Madison and James Monroe edited by Stuart Leibiger

Of A Healthy Constitution: Socialized Medicine Between The Triumphs Of Social Security And Medicare, Sarah D. Kim

Harvey M. Applebaum ’59 Award

No abstract provided.

Of A Healthy Constitution: Socialized Medicine Between The Triumphs Of Social Security And Medicare, Sarah D. Kim

Kaplan Senior Essay Prize for Use of Library Special Collections

In January 1937, Thomas Thacher, a former solicitor general of the United States under President Hoover, gave a talk at the annual meeting of the American Academy of Medicine. He attacked socialized medicine as a “fallacy” that would “blanket the country without regard to local conditions and individuals.” He also expressed doubts about the constitutionality of socialized medicine under the proposed system of compulsory health insurance, adding that states had no power to enforce funding for it. (Funding for such insurance would entail a sliding scale of costs between those in the upper and middle-income brackets, or to take money …

A New Look At The Constitutional Convention And State Ratifying Conventions: How Reason And Interest Played A Role, Nicole Carroll

Western Libraries Undergraduate Research Award

Although there have been amendments added over time, we continue to follow the foundation laid out in the Constitution over 200 years ago. However, there currently remains disagreement among scholars over the motivation behind decisions made during both the Constitutional Convention and the State Ratifying Conventions. Some scholars argue that the Constitution was the final result of thoughtful deliberation in which reason and principle prevailed. Other scholars suggest that reason had little to do with the Convention and both individual and state interests drove the decisions that were made. Some scholars come in with a third point of view, but …

Commentary: What It Means To Be A Citizen, Allen C. Guelzo

Civil War Era Studies Faculty Publications

It was one of the great shocks of my life, and it came early. In fifth-grade government class. Though I can't remember much else that we learned then, a detail in Article 1, Section 2, of the Constitution reached out and grabbed me like the hound of the Baskervilles: "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President." [excerpt]

James Wilson And Anglo-American Customary Constitutionalism., Sean Allen Southard

College of Arts & Sciences Senior Honors Theses

No abstract provided.

Democracy And Nobility, Allen C. Guelzo

Civil War Era Studies Faculty Publications

Americans love revolutions. Our national identity began with a revolution, and a revolutionary war that lasted for eight years; and we cheer on other people’s revolutions, as though we find satisfaction in multiplying our own. “I hold that a little rebellion now and then is a good thing & as necessary in the political world as storms in the physical,” wrote Thomas Jefferson. “No country should be long without one.” An excited James Garfield, in his maiden speech in the House of Representatives in 1864, asked whether his colleagues “forget that the Union had its origin in revolution.” Ralph Waldo …

Professed Values, Constructive Interpretation, And Political History: Comments On Sotirios Barber, The Fallacies Of States' Rights, David B. Lyons

Faculty Scholarship

Our barely functioning Congress seems to embody the issues that this conference on constitutional dysfunction is meant to address. At this moment, however, congressional disarray may result less from institutional design than from our lasting heritage of white supremacy. Republican control of the House owes much to the party's Southern Strategy, which has exploited widespread dissatisfaction with the Democrats' official renunciation of racial stratification. That challenge to the American Way is exacerbated by the idea, outrageous to some, of a black President. That context has some bearing on this Symposium's topic of federalism. For, as Professor Larry Yackle reminds us, …

Book Review Of A Companion To James Madison And James Monroe, Dinah Mayo-Bobee

ETSU Faculty Works

Review of A Companion to James Madison and James Monroe edited by Stuart Leibiger

Virginia's Pursuit Of Self-Government : The Effects Of The Civil War And Interregnum On England's First Successful Colony In North America, 1652-1660., Lloyd Franklin Fowler

College of Arts & Sciences Senior Honors Theses

No abstract provided.

Table Annexed To Article: Hamilton And Madison Deploy ‘System’ In Works Dated To 1787/88, 1790/91, 1793 And Post-Retirement Works, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The deployment of the word ‘system’ is surveyed, beginning with The Federalist essays, the focus being on the works of Alexander Hamilton and James Madison. In the second tranche of works, their efforts – now as opponents – in the bank bill debate are examined along with the appearance of ‘system’ in the Neutrality Proclamation debates; in the third tranche, Hamilton’s public letters (from his retirement as Secretary of the Treasury to his death in 1804) are surveyed; the fourth consists of Madison’s works included in Farrand’s volume 3 of his Records of the Federal Convention.

Table Annexed To Article: Madison Deploys 'Constitution' (After March, 1817), Peter J. Aschenbrenner

Peter J. Aschenbrenner

The third volume of Farrand’s Records of the Federal Convention contains 58 entries written by James Madison after March 3, 1817, almost entirely of public correspondence; OCL adds his Detached Memoranda (his second political testament) to these post-retirement writings. OCL spreads Madison’s deployment of ‘constitution’ through an expanded 11 way grid of the possible semantic values.