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Articles 1 - 9 of 9
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 …
Local Rule Through The Lens Of Food Sovereignty, Anna Nuler
Local Rule Through The Lens Of Food Sovereignty, Anna Nuler
Senior Projects Spring 2022
Senior Project submitted to The Division of Social Studies of Bard College.
Reconstructing The Voting Rights Act: Subnational Action And Voting Rights Post-1965, Sean M. Holly
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 …
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 …
America's War On Drugs: Applying A Supply And Demand Framework For The Opioid Epidemic Through The Lens Of Federalism, Cari Librett
America's War On Drugs: Applying A Supply And Demand Framework For The Opioid Epidemic Through The Lens Of Federalism, Cari Librett
Senior Theses and Projects
For the past fifty years, American drug policy has been manipulated and enforced in a way that made it possible for drug epidemics to occur and has exaggerated their negative consequences on society. The War on Drugs policy initiatives first implemented in the 1970s created a drug law enforcement structure that has criminalized addiction and made it difficult for addicts to receive treatment. The United States is currently facing it's worst drug epidemic in history due to these policies. However, unlike previous epidemics, the opioid crisis is particularly unique not only because of the unparalleled nature of the issue, but …
California's Foreign Relations, Christopher Gaarder
California's Foreign Relations, Christopher Gaarder
CMC Senior Theses
Globalization has significantly increased the number of stakeholders in transnational issues in recent decades. The typical list of the new players in global affairs often includes non-state actors like non-governmental organizations, multinational corporations, and international organizations. Sub-national governments, however, have been given relatively little attention even though they, too, have a significant interest and ability to shape the increasing flow of capital, goods, services, people, and ideas that has so profoundly influenced the global political economy in recent decades. California, arguably the most significant among sub-national governments – its economy would be seventh or eighth in the world at $2.2 …
The Applicability Of Co-Operative Federalism: Lessons Learned From The Assisted Human Reproduction Act, David A.M. Seccareccia
The Applicability Of Co-Operative Federalism: Lessons Learned From The Assisted Human Reproduction Act, David A.M. Seccareccia
Electronic Thesis and Dissertation Repository
The Assisted Human Reproduction Act (AHRA) is a piece of federal legislation that was passed in 2004. The province of Quebec issued a reference question regarding the constitutionality of the federal legislation and in 2010 the Supreme Court of Canada rendered its opinion. The result was a success for the provinces because the Supreme Court’s verdict severely limited the scope of the federal legislation. In addition to clarifying the limits of the federal government’s criminal law power, the saga of the AHRA also helps illustrate the integral role the concept of co-operative federalism plays in modern Canadian inter-governmental …
One People, One Nation, One Power? Re-Evaluating The Role Of The Federal Plenary Power In Immigration, Alexandra R. Saslaw
One People, One Nation, One Power? Re-Evaluating The Role Of The Federal Plenary Power In Immigration, Alexandra R. Saslaw
CMC Senior Theses
This thesis begins with a historical analysis of the legal precedent which has granted the federal government exceptional power over immigration legislation, and demonstrates how that authority has expanded in the last half-century. It then proposes an alternative scheme which would embrace immigration federalism and allow states a larger, but still closely regulated, role in legislation over aliens.
An In Depth Look At Gonzales V. Raich: The History Of Medical Marijuana And The Commerce Clause, Rory S. Baird
An In Depth Look At Gonzales V. Raich: The History Of Medical Marijuana And The Commerce Clause, Rory S. Baird
CMC Senior Theses
The Supreme Court case, Gonzales v. Raich (2005), ruled medical marijuana use, authorized by the State of California, was subject to federal prosecution and regulation under the interstate commerce clause.