American Politics Commons^™

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 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.

Term Limits: An Argument For The Senate, Deanna Ferry

West Chester University Doctoral Projects

In this research study an argument is made to impose term limits on Senators serving in the United States Congress. It looks to explore historical data to prove effectiveness of self-imposed limits, real time data of sitting Senators to offer a modern perspective, and examples from other imposed term limits for sitting elected officials to demonstrate their benefit to constituents. The data utilized in this study is applied through organizational theory and quantified based on results and responses from both primary and secondary sources. Historical sources are applied as well through the literature review focusing on three primary themes emerging …

Bent, But Not Broken: The Constitutional, Legal, And Procedural Issues In The 2020 Electoral College Vote Certification, Nicholas Kapoor

eJournal of Public Affairs

In 2016, Democrats protested in Trump-won states asking Electoral College members to vote their conscience and against their state’s popular vote. In 2020, President Trump supporters stormed the Capitol on January 6^th demanding that the certification of the Electoral College vote in favor of Joe Biden not move forward. Are the laws, court decisions, and the Constitution itself set up to cause such an uproar around a routine item? Was the 2020 iteration of counting the Electoral College votes an aberration, or is this the new normal? This essay will chronicle the Constitutional, legal, and procedural issues around the …

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 …

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 …

Was Trump’S Deployment Of Federal Officers To Portland, Oregon And Other Cities During The Summer Of 2020 Legal And Constitutional?, Celina Tebor

Undergraduate Honors Theses

Cities across the United States erupted in protest during the summer of 2020 after the death of George Floyd at the hands of Minneapolis police. In response to these protests, President Donald Trump deployed federal troops to multiple cities, including Portland, Oregon. The legal basis for sending the troops was to protect federal property, and relied upon the powers of the Department of Homeland Security and an executive order from the summer. However, President Trump’s rhetoric suggests that the purpose of sending the troops was to quell the protests. Politicians, protestors, and lawsuits have alleged that Trump’s actions are unconstitutional, …

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Theses

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

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 …

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 …

Power Transitions In A Troubled Democracy, Peter L. Strauss, Gillian E. Metzger

Faculty Scholarship

Written as our contribution to a festschrift for the noted Italian administrative law scholar Marco D’Alberti, this essay addresses transition between Presidents Trump and Biden, in the context of political power transitions in the United States more generally. Although the Trump-Biden transition was marked by extraordinary behaviors and events, we thought even the transition’s mundane elements might prove interesting to those for whom transitions occur in a parliamentary context. There, succession can happen quickly once an election’s results are known, and happens with the new political government immediately formed and in office. The layer of a new administration’s political leadership …

Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Constitutional War Powers Of The United States: The Founding Prescription And Historical Adherence, Blake Annexstad

Honors Theses

When crafting the United States Constitution, America’s Founders carefully prescribed an institutional balance of the Nation’s war powers between the legislative and executive branches of the federal government. To examine the intentions of the Founders regarding the Nation’s war powers as well as how American leadership has adhered to this intent post-ratification, this study carefully analyzes the circumstances which compelled this balance as well as its application throughout the history of the American experiment. Following an examination of these circumstances and the history of the United States, it is clear that American leadership, despite adhering to the Founders’ intentions for …

Do We Intend To Keep Our Republic?, John M. Greabe

Law Faculty Scholarship

[Excerpt] Commentators recently have reminded us of a famous statement Benjamin Franklin allegedly made upon exiting Independence Hall on the final day of the 1787 Constitutional Convention. When asked whether the proposed Constitution would establish a monarchy or a republic, Franklin supposedly answered: "A republic, if you can keep it."

The anecdote, which both inspired the title of Supreme Court Justice Neil Gorsuch's recent book and was recounted by Speaker of the House Nancy Pelosi when she announced the impeachment inquiry into the conduct of the president, reminds us that our republican form of government is not to be taken …

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 …

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 …

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

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 …

Law Library Blog (March 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Foundation And Revolution: Hannah Arendt And The Problem Of Legitimacy And Stability In Constitutional Consolidation, Mel A. Topf

Arts & Sciences Faculty Publications

This chapter investigates the relations of revolutionary consolidation to the American constitutional founding. The concepts of consolidation and augmenta- tion have received little attention in relation to the central question of constitutional legitimacy. Hannah Arendt’s theory of revolution is paradigmatic in this respect. Notwithstanding her influential discussion of foundation, Arendt gives relatively little attention to the pragmatic role of consolidation in acts of constitutional founding. Further, scholarly analyses of Arendt on revolution rarely offer critiques of her concept of foundation in this respect. I focus on Arendt partly owing to her influential theories regarding founding of bodies politic and partly …

“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 …

“Report All Obscene Mail To Your Postmaster” Reading, Institutions, And The American Public, Post-Revolution And 1965, Connor Christopher Boehme

Senior Projects Spring 2017

This project attempts to understand how Americans are able to imagine themselves as a political public in two revolutionary moments: just after the American Revolution, and in 1965, at the heart of the Civil Rights era. The public, which the Constitution labels “We, the people,” is explored first in Benjamin Franklin’s autobiography, which postulates the institutional conditions necessary for its readership, the first generation of Americans, to form a political public. The project then studies the “We,” of the Constitution’s preamble and considers how readers can interpret who is signified by that “We.” 1965 saw a cultural revolution in America …

Why You Can’T Count On Congress To Rein In A President Trump, Lori Cox Han

Political Science Faculty Articles and Research

"Donald Trump has made many promises on the campaign trail about things he will fix (a broken immigration system), change (the way trade deals are negotiated), and build (a wall on the southern border) if elected president. Those who do not support Trump, regardless of political party, comfort themselves with the constitutional reminder that our government includes three co-equal branches designed to protect against the accumulation of too much power in too few hands. Those checks and balances aside, could President Trump accomplish any of his stated objectives through unilateral actions?"

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]

Constitutionalizing The Dispute: Federalism In Hyper-Partisan Times, James H. Read

Political Science Faculty Publications

This article describes how partisan actors during the Obama years have escalated polarization by transforming policy disputes into constitutional contests over the ground rules of the federal system – contests, moreover, in which one bloc of politically like-minded states opposes another. The article examines in particular how Republicans have supported strong claims of state sovereignty, and in some cases resurrected the antebellum doctrine of nullification, to deny to either Congress or the executive branch the authority to reform state health care markets or to limit states’ emissions of greenhouse gases. Democrats have reinforced the partisan divide by declining to debate …

Public Policy In The 2016 Election, Trevor J. Rogers

Op-Ed Pieces

Op Eds, or opinion editorials, are typically published in daily newspapers and can raise awareness about a particular topic or aim to persuade others. For this project each student wrote an op-ed in which they presented their opinion or thoughts about the issue of islamophobic discourse coming from Republican candidates, especially Donald Trump.

Inventing The Classical Constitution, Herbert J. Hovenkamp

All Faculty Scholarship

One recurring call over a century of American constitutional thought is for return to a "classical" understanding of American federal and state Constitutions. "Classical" does not necessarily mean "originalist" or "interpretivist." Some classical views, such as the attempt to revitalize Lochner-style economic due process, find little support in the text of the federal Constitution or any of the contemporary state constitutions. Rather, constitutional meaning is thought to lie in a background link between constitution formation and classical statecraft. The core theory rests on the assumption of a social contract to which everyone in some initial position agreed. Like any contract, …

Presidential War Powers, Matt Scott Formisano

All Graduate Plan B and other Reports, Spring 1920 to Spring 2023

Even before the framing of the Constitution, the Framers feared an executive power that would grow too strong. This fear was reflected throughout debates held before, during, and after the American Revolution. Even today, debate still continues as to what the executive power entails when it comes to acts of war and treaties. The United States Constitution was framed with the purpose of dividing power between the branches of government in order to avoid abuse and tyranny. “The Constitution bestows enormous power and responsibility on the President to protect the nation’s security and safeguard the people’s liberty” (Matheson 1). Throughout …

American Government In Action, Cynthia Suarez, Lea Elizabeth Allen, Mary Ford

Arthur Vining Davis High Impact Fellows Projects

This AVD project will focus on the development of student-centered learning activities and instructional strategies for a secondary government and economics teacher, Mary Ford, at Southside High School in Greenville, SC. The materials were created to provide more opportunity for students to be involved in their own learning process, analyze primary sources, and participate in self-guided learning in an effort for Government and Economics to be understood by students with varying interests and learning styles. This project was completed in three separate sections which each provide diverse lessons and address varying standards. The first section contains multi-purpose supplementary materials for …

The Obama/Romney Amendments, David Gray Adler

University Author Recognition Bibliography: 2011 - 2012

Occasionally, a candidate for the White House will deliver a penetrating critique of presidential assertions of authority in the realm of foreign affairs. Ohio Sen. Robert Taft, who might have made a fine president had it not been his misfortune to run against Dwight Eisenhower in the 1952 Republican primary, brought considerable constitutional knowledge to the campaign trail. He rightly criticized President Harry Truman for his usurpation of the war power in plunging the United States into the Korean War without congressional authorization, as required by the Constitution.