Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 15 of 15
Full-Text Articles in Social and Behavioral Sciences
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 …
Term Limits: An Argument For The Senate, Deanna Ferry
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 …
The Pardon Paradigm: The Presidential Pardons Of Donald J. Trump, Hlynur Saemundsson
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
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, …
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 …
Constitutional War Powers Of The United States: The Founding Prescription And Historical Adherence, Blake Annexstad
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 …
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 …
Constitutional Reflections Of The People: Representation In The Constitutions Of The United States (1789) And Chile (1833), Zoe E. Nelson
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
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 …
“Of Every Sort”: Conceptions Of Property Rights At The Time Of The American Founding, Zachary Wong
“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
“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 …
Presidential War Powers, Matt Scott Formisano
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 …
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.