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Full-Text Articles in Social and Behavioral Sciences

An Analysis Of Natural Courts: How Vacancies And Replacements On The Supreme Court Best Determine The Ideological Shifts Of The Court And What Effect Longevity Has On Ideology., Lauren Moses Nov 2020

An Analysis Of Natural Courts: How Vacancies And Replacements On The Supreme Court Best Determine The Ideological Shifts Of The Court And What Effect Longevity Has On Ideology., Lauren Moses

Honors Theses

This thesis seeks to explore natural courts and ideology among members of the Supreme Court. Most studies of the Supreme Court allocate focus to the chief justice such that the justice and his ideology determines whether the Court will be described as liberal or conservative for the chief's tenure. However, this thesis questions this model of distinction for the highest court in the land. An analysis of natural courts from Marshall through Roberts specifically targets the highest and lowest ideological shifts between natural courts to understand how vacancies and replacements manipulate the ideology of the Court. In addition to the …


The Consent Of The Governed, Carter A. Hanson Jul 2020

The Consent Of The Governed, Carter A. Hanson

Student Publications

The Consent of the Governed is a Kolbe Fellowship project investigating gerrymandering through the lens of mathematics, Supreme Court litigation, and the potential for redistricting reform. It was produced as a five-episode podcast during the summer of 2020; this paper is the transcription of the podcast script. The project begins with an analysis of the impact of gerrymandering on the composition of the current U.S. House of Representatives. It then investigates the arguments and stories of Supreme Court gerrymandering cases in the past twenty years within their political contexts, with a focus on the Court's reaction to different mathematical methods …


The Intersection Of Free Speech And Abortion: How Federal Courts Are Influencing Doctrine To Further Anti-Abortion Goals, Gina Tan May 2020

The Intersection Of Free Speech And Abortion: How Federal Courts Are Influencing Doctrine To Further Anti-Abortion Goals, Gina Tan

Political Science

Maintaining the accessibility to abortion has been a longstanding battle. While funding for Crisis Pregnancy Centers is increasing, states are cutting funding for abortion clinics (Ludden, 2015) and they are closing at a rate of 1.5 each week (Redden, 2015). Since Roe v. Wade (1973), hundreds of cases have been brought to challenge its legality and limit it as much as possible. The inability to challenge Roe directly has led many conservative legislators to play abortion politics by proxy, regulating what goes on inside and outside clinics, and the federal courts’ play a pivotal role in reviewing these regulations. During …


What Does It Take? The Informal Factors That Are Conducive To The Passage Of A Participatory Amendment, Connor Huydic May 2020

What Does It Take? The Informal Factors That Are Conducive To The Passage Of A Participatory Amendment, Connor Huydic

Honors Scholar Theses

Hundreds of Constitutional revisions are proposed in our national legislature every year, yet only twenty-seven have been ratified as amendments in the 243-year history of the United States. The Constitution outlines the formal factors required to ratify an amendment, but this paper will focus on the informal factors that are integral to the eventual passage of a participatory amendment. Through case studies of the Nineteenth and Twenty-Sixth Amendments, this thesis examines the factors that contributed to the ratification of these amendments to find similarities in the circumstances that helped propel these bills to eventual adoption as amendments. Non-radical social movements, …


All Rise: Factors Affecting Decision Making Of United States Supreme Court Justices, Benjamin L. Barker Apr 2020

All Rise: Factors Affecting Decision Making Of United States Supreme Court Justices, Benjamin L. Barker

Tenor of Our Times

Despite the widespread perception that judges are not political beings and should rule in an impartial manner, it seems that discourse surrounding the Supreme Court is more partisan than ever, and that the Justices themselves are ruling in a partisan manner. What factors make Supreme Court Justices rule in a partisan manner? In order to find out, I examine the ideological direction of each Justice’s vote in each Supreme Court case from 1946 to 2019 in light of factors concerning the individual Justice such as their political party affiliation and the party of the President who appointed them. I find …