Law Commons^™

The Independent State Legislature Theory And Partisan Gerrymandering: How Moore V. Harper May Reshape Congressional Elections, Luke Porter

Honors Projects

In 2019, the U.S. Supreme Court ruled in Rucho v. Common Cause that partisan gerrymandering is not a justiciable question for federal courts. Four years later, the Court is reviewing a new case, Moore v. Harper. In Moore, the question presented is whether state courts can review partisan gerrymandering.

The central question in Moore is the validity of the Independent State Legislature Theory. Proponents of the ISLT believe that state legislatures derive their authority to draw Congressional districts from the Federal Constitution and are therefore not subject to state-level checks and balances such as gubernatorial vetoes and state courts …

Partisan Gerrymandering And The Right To Privacy, Ana Deckey

CMC Senior Theses

This paper argues that partisan gerrymanderers violate citizens’ right to privacy by using data containing sensitive information on citizens without a compelling state interest. It first details how partisan gerrymandering claims have been argued in Court in the past. Next, it discusses theories of the right to privacy, mainly exploring the tensions between James Madison’s writings on privacy and Warren and Brandeis’ famed The Right to Privacy. Then, I present originalist arguments for upholding the original meaning and principles of the right to privacy and the Fourth and Fourteenth Amendments before walking through case law related to privacy and …

Election Administration: The Effect Of Race On Election Technology Implementation And Advancement In The United States, Danielle Blaustein

Honors Theses

A necessary condition for democracy is the ability for citizens to be heard. The way by which this is done is through electing officials that represent a diverse set of beliefs and values. The mechanism by doing this is through elections. At a quick glance, elections appear to play a minor role in democracy. But in fact, the foundations of elections are essential to our understanding of American democracy. It is assumed that the implementation of an electoral system is sufficient for American democracy. Diving deeper into the complexities of election systems provides evidence for benchmarks that prevent elections from …

Autocratic Influence In Democratic Transitions: How The Timing Of Constitutional Reform Impacts Democratic Consolidation, Benjamin Hotchner

Undergraduate Honors Theses

Perhaps no document better symbolizes a nation-state than a written constitution. In particular, during the unstable period of transition between autocracy and democracy, the investment of political and cultural capital in creating an entirely new constitution reflects an expectation on the part of participants that constitutions can exercise independent and legitimate authority on citizens and government within its jurisdiction. Thus, as constitutions either prologue a period of democratic renewal (e.g South Africa, 1994) or constrain later democratic institutions (e.g. Chile, 1989), they offer important contributions to democratic theory (Mallios). This mixed-methodology study will attempt to explain how these processes used …

Reconstructing The Voting Rights Act: Subnational Action And Voting Rights Post-1965, Sean M. Holly

Honors Theses

The discussion of suffrage and the development of the U.S. electorate is misguidedly based solely around federal action; constitutional amendments and federal legislation are commonly revered as primary determinants of the right to vote. This tendency poses a specific problem with contemporary discussions of the Voting Rights Act of 1965. Specifically, discussions of the VRA ignores the ability of subnational actors to innovate politically and readjust their vehicles of political development in the wake of federal supposition of state powers. The Voting Rights Act did not destroy state authority regarding the right to vote; it merely disrupted their vehicles of …

Can Small Donations Have Big Consequences? Candidate Ideology, Small Donations, And Election Results In The 2016 And 2018 Congressional Cycles, Michael Borecki

Honors Projects

Small donors have provided an increased share of total campaign contributions in the 2016, 2018, and 2020 U.S. federal election cycles, including about $3 billion of the $14.4 billion raised in 2020. Campaign funding is still dominated by an influential set of large donors, but small donations may be the basis for an effective response to the disproportionate amount of “big money” in politics. This study investigates whether candidates who are more extreme perform better with small donors, and then examines the impact of small donations and overall funding on election results. These analyses were performed using linear sum-of-squares regression …

Corporations And The American Polity, Patrick Labossiere

Student Theses and Dissertations

Research on corporate communications’ effects on politics presents an acknowledgement of a relationship between the two topics, leaving a void in the explanation and examination of this topic. The void presents an opening to introduce a conceptual process for how corporations are able to craft communications to influence the American Polity, the democratic social organization within the United States. This research begins with a historical review of how corporations gain prominence in American society, capturing the ability to participate in the democratic social organization of the polity. A qualitative analysis of several conceptual frameworks serves as data, to establish an …

America's Electoral Problem: The Shortcomings Of The Electoral College In Contemporary American Democracy, Alex Kaplan

Senior Theses and Projects

Our Constitution mandates the president of the United States be elected through the electoral college, a mechanism originally engineered to be a compromise between a popular vote by qualified citizens and a vote by Congress. The electoral college existed without controversy up until the 21st century because it consistently produced a winning candidate which mirrored the popular vote, our contemporary perception of a democratic voting method. The legitimacy of the electoral college in the 21st century, however, has been called into question after two of the last five presidents have failed to win the popular vote. Critics of the institution …

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 …

“Realizing Democracy”: A Study Of The Regional And National Social, Political, And Economic Factors Driving Suffrage Development In The Age Of The Common Man, 1820-1850, Matthew Prosper

Honors Theses

The Age of the Common Man was a period of American political history lasting from 1820 to 1850 characterized by the implementation of universal white manhood suffrage by every state through removing property and tax qualifications from state constitutional suffrage laws, as well as the “common man” entering the center of much political discourse. These conventions were demanded by the political, social, economic, and in some cases physical climates and conditions of each state. To look at these factors, this thesis divides the nation into three regions, two of which are examined: the Northeast, the Northwest, and the South (the …

How Courts Analyze Voter Identification Laws Under The First Amendment, Joby Len Richard

LSU Master's Theses

Some scholarship and political experts describe voter ID laws as a form of voter suppression because they make it harder for certain groups of people to vote. First, this thesis considers the historical backdrop of voter discrimination resulting in the passage of the Voting Rights Act of 1965, and subsequent state uses of registration and voter ID laws. Then, this study reviews the theoretical foundation of freedom of expression as developed by Thomas Emerson and individual and social free expression values, including the social value of self-governance explicated by Alexander Meiklejohn. Some scholars also suggest that voter ID laws may …

Suing For Spanish: Puerto Ricans, Bilingual Voting, And Legal Activism In The 1970s, Ariel Arnau

Dissertations, Theses, and Capstone Projects

This dissertation examines how the legal activism of a Puerto Rican group of activist-lawyers and community members contributed to the reshaping of voting law and language policy during the 1970s. The Puerto Rican Legal Defense and Education Fund (PRLDEF) coordinated a series of lawsuits in Chicago, New York City, and Philadelphia during the early 1970s. The decisions in these lawsuits provided the legal framework to rewrite federal voting rights law during the Voting Rights Act (VRA) reauthorization hearings in 1975. These cases resulted in vastly expanded opportunity to vote for all language minorities in the United States. These civil rights …

What Impact Is Felony Disenfranchisement Having On Hispanics In Florida?, Angel E. Sanchez

Honors Undergraduate Theses

This research produces original empirical estimates of Hispanics in Florida’s Dept. of Corrections (FDOC) and uses those estimates to measure the impact felony disenfranchisement is having on Hispanics in Florida. Research institutions find that data on Hispanics in the criminal justice system, particularly in Florida, is either lacking or inaccurate. This research addresses this problem by applying an optimal surname list method using Census Bureau data and Bayes Theorem to produce an empirical estimate of Hispanics in FDOC’s data. Using the Hispanic rate derived from the empirical FDOC analysis, the rate of Hispanics in the disenfranchised population is estimated. The …

An Empirical Analysis Of State Supreme Court Candidate Fundraising, Michael Briach

Williams Honors College, Honors Research Projects

As political elections are becoming more expensive, judicial elections are also following this trend. This project focuses on elections at the state supreme court level. There are three different methods used to select state supreme court justices, which are: partisan, nonpartisan, and merit selections. The intent of this project is to provide an empirical analysis of the differences in amounts raised between judicial selection methods. This will be done by examining the amount of money that is raised by state supreme court candidates in Ohio, compared to Florida. Ohio is a state that uses partisan elections, while Florida uses the …

Rationalizing Voter Suppression: How North Carolina Justified The Nation's Strictest Voting Law, Megan C. Raymond

Scripps Senior Theses

In recent years, there has been a dramatic increase in instances of Republican-dominated state legislatures proposing changes to election law that some see as protecting electoral integrity and others understand as intended to suppress votes of traditionally Democratic constituencies. This thesis is a detailed collection of the rationales used to justify these changes, as examined through a case study of North Carolina’s enactment of the omnibus Voter Information Verification Act of 2013 (VIVA). By also including the arguments proffered during the legislative process by opponents of the law, and after evaluating the merits of the arguments on both sides, I …

The Effects Of The Bi-Partisan Campaign Reform Act On The Process Of The Campaign Finance In The Presidential Nomination Process, Karen Sebold

Graduate Theses and Dissertations

The Bipartisan Campaign Reform Act increased the individual donor limit to $2,000 per candidate per election and indexed the limit for inflation every two years. The primary research question guiding this study is how has the increase in the donor limit affected donor behavior. Answering this question should allow a determination to be made about how donors have responded to the increased donor limit. Understanding how donors responded to the doubled limit is important because it provides evidence on the intersection of wealth inequality and political influence. To answer the research question this study considers how the increased donor limit …

Post Citizen United: The Lack Of Political Accountability And Rise Of Voter Suppression In A Time Of Newly Defined Corruption, Hannah S. Fullerton

Scripps Senior Theses

In 2010, our definition of democracy in America was drastically changed by the Supreme Court case Citizens United v. FEC. The Court ruled that under the First Amendment, corporations have the right to free speech. The decision removed the final ban on corporations, which prohibited corporate money used for direct advocacy. The consequences of this have been tremendous. The decision has allowed for the creation and rise of Super PACs and political active nonprofits. As a result, Super PACs and nonprofits now act as “shadow campaigns”. Outside groups have the ability to engage in voter suppression tactics without politically hurting …

John F. Kennedy And West Virginia, 1960-1963, Anthony W. Ponton

Theses, Dissertations and Capstones

In 1960, John F. Kennedy, a wealthy New England Catholic, traveled to a rural, Protestant state to contend in an election that few thought he could win. While many scholars have examined the impact of Kennedy’s victory in the West Virginia primary, few have analyzed the importance that his visit to the state in 1960 and his ensuing administration had on West Virginia. Kennedy enacted a number of policies directed specifically toward relieving the poverty that had plagued West Virginia since statehood. The Kennedy administration funded highway construction, worker training programs, and area development at levels the state had never …

The Alternative Vote : In Theory And Practice, Vanessa Beckingham

Theses : Honours

The idea of choosing political representatives through elections has its origins in ancient times. More recently, democratic values have been united with the concept of elected representative government. This then places a great deal of importance on the system used to elect these representatives, since this system must satisfy an impressive range of democratic values, as well as being effective and simple enough for the voter to understand. The electoral system chosen will reflect those values and outcomes which those who introduce the system wish to bring about. Sometimes this may be proportional representation, which means seats allocated in direct …

A Tale Of Two Governors: The 1996 Gubernatorial Succession Crisis, Melissa Miller

Honors Theses

The state of Arkansas is no stranger to succession crises. As early as the Reconstruction era, struggles for power emerged, and controversies surrounding the appropriate use of power among acting governors have kept the issue unsettled. One such instance, the Arkansas gubernatorial succession crisis of 1996 became yet another episode in this saga. While never fully examined, the succession crisis did influence modern politics in the state. There are two sides to every story: "Well, I wanted to let you know I've decided not to resign," Jim Guy Tucker said to Mike Huckabee only five minutes before the inauguration of …

An Assessment Of The 2000 Fourth Congressional District Race, Amber E. Wilson

Honors Theses

Prior to the November 7 election, incumbent Republican Jay Dickey aspired to maintain his eight-year hold on the fourth congressional district seat, while challenger, Mike Ross, a Democratic State Senator, had high hopes for a partisan restoration. In the end, Ross upset the incumbent carrying 51 percent of the 212,160 votes cast, a narrow 4, 126-vote margin. This paper assesses the strategic, tactical, and fiscal factors contributing to Ross's success in overriding incumbency advantages and reclaiming the seat for the Democrats. More specifically, it compares and contrasts candidate and noncandidate communications. Indeed, communication was the key component to these coordinated …

Analyzing Voting Trends In East Baton Rouge Parish Gubernatorial Races In The 1990'S, Deshanna L. Bause

Electronic Dissertations and Theses

The primary purpose of this study is to determine the voting patterns in the minority communities during important elections. A secondary component ofthis study analyzes the voting practices of Blacks in East Baton Rouge parish. TIle population will be voters in the precinct located in East Baton Rouge. Participants in this study must be a registered voter residing in the precincts of the East Baton Rouge parish. The use of Microsoft Excel made it possible to determine the voting trends of the black population.

The 1868-9 Select Committee On Parliamentary And Municipal Elections : Insights Into The Mid-Victorian Electoral System, Justin Wasserman

Theses : Honours

No abstract provided.

The Structure Of The Presidential Selection Process, Myra Conaway

Honors Theses

The Presidency is a unique institution. No other political office in America is viewed with such awe, respect, criticism and contempt. The President must be all things to all people. He must be a leader, a ruler and a diplomat. His decisions and policies affect many Americans. Due to the significance of the office, time and consideration should be given to the method by which the President is elected. The intent of this study is to examine the structure of the presidential selection process from the nomination campaign through the general election. Also included are brief biographies of the 1984 …

Mississippi Redistricting 1977-1980, Thomas B. Hofeller

CGU Theses & Dissertations

This is a study of the 1977-78 redistricting of the Mississippi State Legislature. It was a process that saw the culmination of a struggle between the civil rights forces and the "Establishment" in Mississippi, but its origins span almost the entire period of the "reapportionment revolution" in the United States.

Reapportionment : An Oregon History And A Critique Of Baker Vs Carr, Ann Frissell Lackey

Dissertations and Theses

This study explores the ways in which federal and state authorities have sought to deal with a difficult problem of political power in the context of the U.S. Constitution. Oregon reapportionment history offers an appropriate introduction to a critique of the national reapportionment decisions of Baker vs Carr and Reynolds vs Sims. Its Constitution stipulated population and the ratio derived from a population based formula were the means by which apportionment was to be determined and noncompliance had been particularly evident from 1933 to 1952. Also, by the initiative process and a decision by the Oregon Supreme Court, Oregon had …

California Congressional Reapportionment, Thomas B. Hofeller

CGU Theses & Dissertations

We now find ourselves at the end of the first redistricting following the so called "Reapportionment Revolution." There is, however, considerable disagreement defining its scope and the wisdom of its continuation. This paper reviews the effects of this revolution on this state. It outlines the development of the Court's involvement in redistricting and discusses the virtues of the Court's resistance of further involvement in this difficult question.

California's congressional redistricting history is reviewed from statehood to the present. Special attention is given to 1965, 1971, and 1973. The role of the computer is reviewed, both as an academic and political …