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Full-Text Articles in Law
The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock
The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock
CMC Senior Theses
This thesis situates state constitutionalism in the modern context of federal constitutional paralysis. By tracing patterns of state constitutional development, we find that states were always the fundamental setting of democracy, and there has always been critical action happening at state legislatures, in state courts, and through state constitutional change. State constitutions provide an active means to achieve progress and protect rights not federally enshrined (and thus, endangered by the political process). The use of state constitutions to prescribe ways of life, protect individual and specialized rights, and to limit local governments has always occurred, but with the current federal …
The Federalist Society And Constitutional Interpretation: Who Gets To Say What The Constitution Says, Deborah L. Toscano
The Federalist Society And Constitutional Interpretation: Who Gets To Say What The Constitution Says, Deborah L. Toscano
University of New Orleans Theses and Dissertations
The Federalist Society was organized in 1982 by conservative law students to counteract what they perceived to be a liberal bias in law schools, the courts, and government administration. Forty years later there is an acknowledgement of a rightward turn in the Supreme Court which scholars have attributed in part to the efforts of the Federalist Society. However, there is still little understanding of just how that change came about. This dissertation takes a step toward understanding that question. Viewing the Federalist Society as the center of a network of lawyers, think tanks, and legal institutions, I examine the influence …
Presidents And The U.S. Constitution: The Executive’S Role In Interpreting The Supreme Law Of The Land, Mitchell Scacchi
Presidents And The U.S. Constitution: The Executive’S Role In Interpreting The Supreme Law Of The Land, Mitchell Scacchi
Honors Theses and Capstones
In 1832, President Andrew Jackson issued a veto message claiming the same duty as the Supreme Court to interpret the U.S. Constitution. Do modern presidents exercise the principal role in interpreting the U.S. Constitution that President Jackson claimed was their duty, and, if so, in what ways do they choose to articulate their interpretations? The hypothesis is that modern presidents have exercised a principal role in interpreting the U.S. Constitution similar to the interpretative duty expressed by President Jackson, and they perform this duty, in part, through the issuance of veto messages and signing statements. After a content analysis of …
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 …
The Relevance Of The Constitution In Today's Society, Matthew Reiber
The Relevance Of The Constitution In Today's Society, Matthew Reiber
Boise State University Theses and Dissertations
How relevant is the Constitution in today’s society? This is the document that guides the three branches of government in day to day operation, demonstrating that what the Constitution means to the people of the United States is essential in gauging how relevant people think our government is. In this experiment, I surveyed 348 different college students on Boise State campus with a list of different questions to first find out their general knowledge of our Constitution, then their opinion of it. Students were randomly assigned to receive a text about a Supreme Court case that involves interpreting the Constitution …
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 …
The Power To Regulate: State Vs. Federal Authority In Immigration Law, Mallory E. Young
The Power To Regulate: State Vs. Federal Authority In Immigration Law, Mallory E. Young
Chancellor’s Honors Program Projects
No abstract provided.