Constitutional Law Commons^™

Beyond Walls And Wires: The Supreme Court’S Recognition Of Digital Privacy Under The Fourth Amendment, Joanna Morris

Discovery Day - Daytona Beach

The Founding Fathers included the Fourth Amendment in the Bill of Rights to protect individuals from unreasonable searches and seizures and their right to privacy. However, rapid advances in modern digital technology have challenged traditional definitions of privacy, raising constitutional questions about digital privacy rights. Smartphones and location tracking collects personal information that does not fit neatly within pre-digital era Fourth Amendment doctrines. This research examines how the United States Supreme Court has adapted interpretations of the Fourth Amendment to address digital privacy concerns, focusing on the tensions between Fourth Amendment doctrines and technology that enables extensive government access to …

Mister President & May It Please The Executive: Causal Barriers To Court-Packing, Mason Smith

Seaver College Research And Scholarly Achievement Symposium

As attacks on democracy have become increasingly ubiquitous, scholarship has begun to shed light on a common, effective, and inimical means of subverting governments accountable to the masses: court-packing. So, how can democracies prevent court-packing? Among many implicit causal theories taken from the extant research, which hasn’t directly tackled this problem, two seem the most plausible and ripe for analysis, suggesting that court-packing’s success turns on either the strength (i) of institutional constraints or (ii) of domestic judicial norms. To see which theory works better in practice, I use a narrowly tailored iteration of comparative process tracing, as it best …

Movement Legacies And Lessons - Moderator: Scott Titshaw, Suzanne Goldberg, Shannon Minter, Adelina Nicholls

Mercer Law Review Symposium

Forty years ago, civil rights legend Bayard Rustin described lessons from other civil rights movements that, at the time, seemingly could inform gay rights activists in the 1980s. More recently, Evan Wolfson, an architect of the freedom-to-marry movement, has outlined several lessons of that movement that could be applied by activists in other fields, ranging from Palestinian peacemakers to transgender rights activists. Some activists may embrace these lessons, while others may passionately reject them. This panel seeks to explore how various civil rights movements have learned and borrowed from each other over time, possibly carving out lessons for current and …

The Constitutional Law Legacy Of The Freedom-To-Marry Movement - Moderator: Gary Simson, Jon Davidson, Suzanne Goldberg, Eric J. Segall

Mercer Law Review Symposium

This panel will likely discuss the extent future viability of the Obergefell legacy in light of recent Supreme Court decisions, such as Dobbs v. Jackson Women’s Health Organization and Department of State v. Muñoz, which have retreated from both the substantive due process jurisprudence that underpinned Obergefell and the traditionally robust understanding of constitutional marriage rights. This continuing viability may rely on alternative rationales such as stare decisis, equal protection, or even religion clause principles. Panelists might also choose to discuss recent First Amendment jurisprudence as it threatens to narrow the rights of same-sex spouses.

Gary Simson is Macon …

The Family Law Legacy Of The Freedom-To-Marry Movement - Moderator: Bonnie Carlson, Jessica Feinberg, Tanya Monique Washington, Marcia A. Zug

Mercer Law Review Symposium

The freedom-to-marry movement sparked sometimes unintended reactions, including accelerated legal recognition of nonmarital partners and new, alternative legal institutions, such as domestic partnerships, civil unions, and reciprocal beneficiaries. This panel will likely explore this path and the resilience of these legal innovations for same- and different-sex couples. Obergefell and its progeny, Pavan v. Smith, have also raised family law questions that have yet to be definitively resolved, such as the constitutionality of discrimination in parentage presumptions between same- and different-sex spouses. Finally, the panel might also address possible legal recognition for polyamorous relationships, which have been discussed since Obergefell …

Welcome And Opening Remarks, Devin Joiner, Seth Lewis, Pamela Wilkins, Scott Titshaw

Mercer Law Review Symposium

No abstract provided.

State Compacts Vs. Emergency Powers, Ann Melise Mullins

Helm's School of Government Conference - 2021-2024

It has been a continuous battle between state governments and the federal government on which party is best suited to provide relief and aid to citizens in times of natural disasters and public health crises. This paper will analyze the history of the state and federal government’s involvement in providing aid and relief in times of national crises, as well as the Constitutional provisions for which party should take responsibility.

Influences Of Social Media, Samuel Whatley Ii

Helm's School of Government Conference - 2021-2024

The Internet is a double-edged sword because it provides easy access to information of both good and bad intentions. Censorship justifications under whoever deems something misinformation, provide little oversight on being a neutral public forum. For instance, the influence of elections by not covering a story and censoring opposing views does not promote the notion of being a neutral public forum. Artificial intelligence being applied to many technological applications have fueled the censorship machine. In some instances, artificial intelligence can generate stories to media sites (i.e., ChatGPT) with no verification of the details. From science fiction to science reality, taking …

Citizenship, Constitutionalism And Democracy, Daniel Fodorean

Helm's School of Government Conference - 2021-2024

Romania, a former communist and monarchical country, can serve as a case study regarding how different forms of government have influenced the understanding and application of citizenship. How the citizen was understood and how citizenship was acquired or lost reflects the values that have been the basis of Romanian society at every stage of its evolution since the establishment of the Romanian state, in 1859, until now. The assumption is that each of the seven constitutions that Romania had, expresses citizenship in a specific way, associated with the form of government.

The Duality Of Machiavellianism In Regard To Modern Political Philosophy, Rebekah Honaker

Helm's School of Government Conference - 2021-2024

The principles of human nature and a realist system of governance irrevocably clash in Niccolò Machiavelli’s most profound works despite his personal convictions remaining seemingly steadfast. Yet, the term ‘Machiavellian’ reflects a relatively one-sided delineation of ideas proposed by the early modern political philosopher. His principles on constructing and maintaining absolute power through corruption, immorality, provocation of fear, coercion, and a general natural human depravity are far more often associated with his legacy on modern politics. However, many alternative principles of republicanism, self-governance, popular sovereignty, and balance of power have a significant presence in his career. Many scholars view the …

The Departure From The Original Intent Of The 14th Amendment, Johnny B. Davis

Helm's School of Government Conference - 2021-2024

No abstract provided.

Ordered Liberty: The Guardian Of Justice, Bessie Blackburn, Mary Prentice, Colton Grellier

Helm's School of Government Conference - 2021-2024

No abstract provided.

Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady

Helm's School of Government Conference - 2021-2024

Although only four departments at the United States’ founding, the American bureaucracy has expanded to address nearly every issue of public life. While these agencies are ostensibly under congressional oversight through monetary allowance and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founders’ design of legislative power vested solely in a bicameral legislature.

The Supreme Court holds an indispensable role in mitigating the overreach of bureaucratic agencies. However, despite their obligation to protect the rights of the American people, the courts’ inability to hold bureaucrats accountable has diluted …

Limitation For Liberty, Riley Banker

Helm's School of Government Conference - 2021-2024

This paper examines how the foundational principals of life, liberty, and the pursuit of happiness are under attack in our nation today and demonstrates why protecting them through Federalism is so important.

Trade, Globalism, And The American System, Johnny B. Davis

Helm's School of Government Conference - 2021-2024

No abstract provided.

Drug Ideologies Of The United States, Macy Montgomery

Helm's School of Government Conference - 2021-2024

The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …

Removing A Log From The Nation’S Eye: A National Self-Analysis Of The Domestic Terrorism Question, Katherine R. Doan

Helm's School of Government Conference - 2021-2024

Terroristic values are easy to be ascribed to foreign enemies, but it is far more difficult to admit that domestic citizens could be extremist to the point of being labeled a terrorist. Terrorists are not born; they are made. The following research focuses on the commonalities of upbringing in known domestic terrorists within the United States of America that may reveal noticeable similarities in education, radicalization, and identity. The criminal justice system has yet to discover a perfect method of administering retribution to terrorists. While they have broken the law, their intentions and results are not the same as an …

Examining The Effects Of Student Loan Forgiveness And The Christian Perspective, Sarah Rogers

Helm's School of Government Conference - 2021-2024

On August 24, 2022, President Joe Biden announced his plan for federal student loan forgiveness. The program allows individuals who make less than $125,000 a year and families under $250,000 relieve up to $10,000 of their loan debt. Those who fall under the Pell Grant program are able to relieve up to $20,000 of their debt. The reactions to this “revolutionary” program were mixed. Typically, those who the program would directly affect were very enthusiastic about this idea while those, most notably Republicans, were less than thrilled. While the idea is good in theory, the execution of debt forgiveness will …

The Next Small Step, Samiya Henry

Undergraduate Research and Scholarship Symposium

As of right now, NASA and other space programs are estimating that by 2026, there will be people living in Space. Whether it be the Moon or Mars, one cannot have a functional society without a proper source of laws, especially since no one country has ownership over space. "One Small Step" will produce this source of laws, called the “Space Bill of Rights,” that will outline important matters like the trade of resources, medical care, government officials, and will ensure the preservation of our physical and figurative footsteps in space. This Space Bill of Rights is made up of …

The Government Cannot Grant Personhood: How Eugenics Has Engulfed Our Society And Violated Inalienable Rights, Emily Paige Huseman

Helm's School of Government Conference - 2021-2024

No abstract provided.

The Declaration Of Independence, Constitution, And Slavery, Johnny B. Davis

Helm's School of Government Conference - 2021-2024

The paper address the nature of the principles of the Declaration and the Declaration's relationship to the Constitution and how these related to slavery. The argument is that the Declaration did stand for universal equality of the individual before God and the law and therefore its principles condemned slavery. The Constitution did not embrace slavery even though it failed to ban slavery but did set the foundation for the end of slavery.

Fellowship Is Fundamental To A Flourishing Community, Drew Varner

Helm's School of Government Conference - 2021-2024

No abstract provided.

How To Decide Religious Liberty Cases: An Analysis Of Balancing Versus Principalism, Marc A. Clauson

Helm's School of Government Conference - 2021-2024

No abstract provided.

The Connecticut Four, Beth Wade

Helm's School of Government Conference - 2021-2024

This paper provides a glimpse into the serious privacy issues that librarians have to address in their role as a public servant as well as the extent that they have to stand up to government agencies to protect the privacy of patrons.

The Local Community Standard: Modernizing The Supreme Court's Obscenity Jurisprudence, Jacob S. Gordon

Helm's School of Government Conference - 2021-2024

Paper presentation on the Supreme Court's outdated case law on obscenity and how it needs to be modernized to in order to combat the dissemination of inappropriate materials in the age of decentralized digital media.

Administrative Rule And Constitutional Governance, Kaleb Horne

Helm's School of Government Conference - 2021-2024

Presentation on the effects of administrative rule and its incompatibilities with Constitutional governance.

Deterioration Of The Tenth Amendment: Why Federalism’S Hierarchy Must Be Restored, Giana Depaul

Helm's School of Government Conference - 2021-2024

No abstract provided.

Government, Big Tech, And Individual Liberty, Romaine Miller, Johnny B. Davis

Helm's School of Government Conference - 2021-2024

The thesis is that the first principles of the Founding Fathers express in the Declaration give the proper guidance for dealing with the impact of high tech on individual liberty.

Health Choice Or Health Coercion? The Osha Emergency Temporary Standard Covid-19 Vaccination Mandates: Ax Or Vax, Savannah Snyder

Helm's School of Government Conference - 2021-2024

No abstract provided.

Constitutional Hinderance, Dena Wake

Helm's School of Government Conference - 2021-2024

According to media outlets, the federal government has become the poster child for “Failure to Help the States” during this present crisis. It is nearly impossible to find an article or news segment that does not blame the federal government for the current pandemic. If the media is correct in blaming the federal government then why doesn’t the federal government just take over all COVID-19 related problems throughout the nation that would make everything easier according to the media. There are countless reasons why the federal government can’t take over, the ultimate reason being the Constitution, the law of the …