Social and Behavioral Sciences Commons^™

The Impact Of Federalism On Immigration: A Reconstruction Of The System To Alleviate The Immigration Crisis In America, Theresa Lam

Senior Honors Theses

Illegal immigration is a complex and relevant issue in the United States. In particular, its long-term implications for American communities has elevated its significance. Within America’s federalist system, the immigration dilemma has raised tension among federal, state, and local governments, which have different perspectives on how to approach the matter. The federal government is responsible for enforcing immigration laws but delegates numerous immigration responsibilities to state and local law enforcement. However, the degree to which local officials should cooperate with federal authorities is the subject of intense debate. Should immigration enforcement be a federal or local responsibility? Under federalism and …

The Threat To Academic & Intellectual Freedom, Christopher M. Jimenez, Melissa Del Castillo, Stephen Thomson Moore, Lowell Bryan Cooper, Jacqueline Radebaugh, George Pearson

Works of the FIU Libraries

The Academic and Intellectual Freedom Ad Hoc Committee presented a First Thursday discussion on May 4 about academic and intellectual freedom. Starting with a brief definition of these terms, they traced the history of Academic Freedom and how current events affect us at FIU. The committee posed several real-life scenarios threatening Academic/Intellectual Freedom in libraries. All library staff were invited to attend this lively discussion.

A Convention To Save America, Andrew Todd Looker, Jr.

Masters Theses

Article V of the United States Constitution articulates the methods for amending the Constitution. Amendments are formally recommended by either a two-thirds vote of both Houses of Congress or by a vote of two-thirds of the state legislatures. This latter method is known as a Convention of States. Despite its inclusion in Article V, no amendment has yet been proposed for ratification by such a convention. This research aims to explain the history of Article V, the process for an Article V Convention, the current efforts to call such a convention, and amendments that should be considered at this convention. …

First Amendment Knowledge And Competence In United States Residents, Cynthia J. Najdowski, Kimberly M. Bernstein

Psychology Faculty Scholarship

Lacking adequate knowledge about one's rights could inhibit the likelihood of exercising one's rights or lead one to unwittingly violate laws that place legitimate limits on these rights. Thus, the present research examines First Amendment knowledge as well as competence to apply this knowledge in relevant circumstances. Results revealed that one-quarter of participants failed a test of objective knowledge on First Amendment rights. Furthermore, participants' belief in their ability varied depending on their level of knowledge, in line with the Dunning–Kruger effect. Participants also failed to transfer their limited objective knowledge to “real-world” situations, exhibiting impaired First Amendment competence. These …

Ecuador’S Amazon, Rights Of Nature, And The Dilemma Of The 2008 Constitution, Olivia Moore

WWU Honors College Senior Projects

In 2008, Ecuador became the first nation in the world to recognize the rights of nature in its Constitution. Ecuador is also a country whose economy depends on the extraction of natural resources. Ecuador thus faces a dilemma, as the two goals of environmental preservation and environmental exploitation conflict with each other. This paper seeks to highlight these conflicting goals, and emphasize the role of Indigenous peoples in Ecuador's Amazon region in fighting for both their rights and the rights of nature.

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Theses

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

U.S. Government And Politics In Principle And Practice: Democracy, Rights, Freedoms And Empire, Samuel Finesurrey, Gary Greaves

Open Educational Resources

This book is written for students early in college to provide a guide to the founding documents and structures of governance that form the United States political system. This book is called American Government and Politics in Principle and Practice because you will notice that what has been inscribed in law has not always been applied in practice-particularly for indigenous peoples, enslaved peoples, people of color, women, LGBTQIA+, people with disabilities, those formerly incarcerated, immigrants and the working class within U.S. society. In designing this book, we have two goals. First, we want you to know what the founding documents …

Power Transitions In A Troubled Democracy, Peter L. Strauss, Gillian E. Metzger

Faculty Scholarship

Written as our contribution to a festschrift for the noted Italian administrative law scholar Marco D’Alberti, this essay addresses transition between Presidents Trump and Biden, in the context of political power transitions in the United States more generally. Although the Trump-Biden transition was marked by extraordinary behaviors and events, we thought even the transition’s mundane elements might prove interesting to those for whom transitions occur in a parliamentary context. There, succession can happen quickly once an election’s results are known, and happens with the new political government immediately formed and in office. The layer of a new administration’s political leadership …

Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Do We Intend To Keep Our Republic?, John M. Greabe

Law Faculty Scholarship

[Excerpt] Commentators recently have reminded us of a famous statement Benjamin Franklin allegedly made upon exiting Independence Hall on the final day of the 1787 Constitutional Convention. When asked whether the proposed Constitution would establish a monarchy or a republic, Franklin supposedly answered: "A republic, if you can keep it."

The anecdote, which both inspired the title of Supreme Court Justice Neil Gorsuch's recent book and was recounted by Speaker of the House Nancy Pelosi when she announced the impeachment inquiry into the conduct of the president, reminds us that our republican form of government is not to be taken …

The Age Of Facebook And The Right To Privacy: A Brandeisian Perspective, Kristen Cochran

Political Science Capstone Research Papers

"The right to be let alone"- a statement crafted by Supreme Court Justices Warren and Brandeis- laid the foundation for the understanding of an implied constitutional right to privacy. Justice Louis Brandeis, a critical actor in the development of this right, would argue for extensive privacy protections in today's digital era. Brandeis acknowledged that the right to privacy is not absolute, but he would argue that individual privacy must be protected in an age of technology that makes government and corporate surveillance more covert.

Law Library Blog (March 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Foundation And Revolution: Hannah Arendt And The Problem Of Legitimacy And Stability In Constitutional Consolidation, Mel A. Topf

Arts & Sciences Faculty Publications

This chapter investigates the relations of revolutionary consolidation to the American constitutional founding. The concepts of consolidation and augmenta- tion have received little attention in relation to the central question of constitutional legitimacy. Hannah Arendt’s theory of revolution is paradigmatic in this respect. Notwithstanding her influential discussion of foundation, Arendt gives relatively little attention to the pragmatic role of consolidation in acts of constitutional founding. Further, scholarly analyses of Arendt on revolution rarely offer critiques of her concept of foundation in this respect. I focus on Arendt partly owing to her influential theories regarding founding of bodies politic and partly …

We The People, Melody Pruitt

English Class Publications

On July 20, 2012, twenty-four year old James Holmes entered a movie theater in Aurora, Colorado where a new Batman movie was being shown and began shooting, killing twelve people and injuring fifty-eight (“Deadliest Mass Shootings”). Throughout his career as a doctor who treated mainly gymnasts, Larry Nassar molested hundreds of women and girls for decades. On Valentine’s Day of this year, Nikolas Cruz walked into his former high school in Parkland, Florida, and shot and killed seventeen faculty and students, injuring many more (“Deadliest Mass Shootings”). In the United States today, it almost seems commonplace to hear these stories …

Why You Can’T Count On Congress To Rein In A President Trump, Lori Cox Han

Political Science Faculty Articles and Research

"Donald Trump has made many promises on the campaign trail about things he will fix (a broken immigration system), change (the way trade deals are negotiated), and build (a wall on the southern border) if elected president. Those who do not support Trump, regardless of political party, comfort themselves with the constitutional reminder that our government includes three co-equal branches designed to protect against the accumulation of too much power in too few hands. Those checks and balances aside, could President Trump accomplish any of his stated objectives through unilateral actions?"

Commentary: What It Means To Be A Citizen, Allen C. Guelzo

Civil War Era Studies Faculty Publications

It was one of the great shocks of my life, and it came early. In fifth-grade government class. Though I can't remember much else that we learned then, a detail in Article 1, Section 2, of the Constitution reached out and grabbed me like the hound of the Baskervilles: "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President." [excerpt]

Constitutionalizing The Dispute: Federalism In Hyper-Partisan Times, James H. Read

Political Science Faculty Publications

This article describes how partisan actors during the Obama years have escalated polarization by transforming policy disputes into constitutional contests over the ground rules of the federal system – contests, moreover, in which one bloc of politically like-minded states opposes another. The article examines in particular how Republicans have supported strong claims of state sovereignty, and in some cases resurrected the antebellum doctrine of nullification, to deny to either Congress or the executive branch the authority to reform state health care markets or to limit states’ emissions of greenhouse gases. Democrats have reinforced the partisan divide by declining to debate …

Public Policy In The 2016 Election, Trevor J. Rogers

Op-Ed Pieces

Op Eds, or opinion editorials, are typically published in daily newspapers and can raise awareness about a particular topic or aim to persuade others. For this project each student wrote an op-ed in which they presented their opinion or thoughts about the issue of islamophobic discourse coming from Republican candidates, especially Donald Trump.

Inventing The Classical Constitution, Herbert J. Hovenkamp

All Faculty Scholarship

One recurring call over a century of American constitutional thought is for return to a "classical" understanding of American federal and state Constitutions. "Classical" does not necessarily mean "originalist" or "interpretivist." Some classical views, such as the attempt to revitalize Lochner-style economic due process, find little support in the text of the federal Constitution or any of the contemporary state constitutions. Rather, constitutional meaning is thought to lie in a background link between constitution formation and classical statecraft. The core theory rests on the assumption of a social contract to which everyone in some initial position agreed. Like any contract, …

Federal Roadblocks: The Constitution And The National Popular Vote Interstate Compact, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

The National Popular Vote (NPV) interstate compact proposes to change the presidential election system from a state-based federal system to a national popular vote system. NPV proponents contend states can implement the compact without federal governmental authorization. This article addresses the constitutional questions of whether the NPV must obtain Congress’s approval and whether Congress has the constitutional authority to grant such approval. In addressing these questions, I review U.S. Supreme Court precedents and constitutional history and find the NPV is the type of compact the Supreme Court would conclude requires congressional approval. Most importantly, I contend Congress is constitutionally unable …

Counterfeit Constitutionalists, Evan Barrett

Highlands College

A Montana Public Radio Commentary by Evan Barrett.

American Government In Action, Cynthia Suarez, Lea Elizabeth Allen, Mary Ford

Arthur Vining Davis High Impact Fellows Projects

This AVD project will focus on the development of student-centered learning activities and instructional strategies for a secondary government and economics teacher, Mary Ford, at Southside High School in Greenville, SC. The materials were created to provide more opportunity for students to be involved in their own learning process, analyze primary sources, and participate in self-guided learning in an effort for Government and Economics to be understood by students with varying interests and learning styles. This project was completed in three separate sections which each provide diverse lessons and address varying standards. The first section contains multi-purpose supplementary materials for …

The Obama/Romney Amendments, David Gray Adler

University Author Recognition Bibliography: 2011 - 2012

Occasionally, a candidate for the White House will deliver a penetrating critique of presidential assertions of authority in the realm of foreign affairs. Ohio Sen. Robert Taft, who might have made a fine president had it not been his misfortune to run against Dwight Eisenhower in the 1952 Republican primary, brought considerable constitutional knowledge to the campaign trail. He rightly criticized President Harry Truman for his usurpation of the war power in plunging the United States into the Korean War without congressional authorization, as required by the Constitution.

States' Rights Apogee, 1760-1840, Ryan Setliff

Masters Theses

America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky Resolutions would gain …

Our Covenant Constitution: The Covenantal Nature Of The United States Constitution, William T. Crabtree

Senior Honors Theses

The problem with the national government and politics in the United States today is that citizens and politicians have both forgotten, ignored, and undermined the nature and significance of the U.S. Constitution as a civil covenant based on civil and religious liberty and limited government. This thesis proposes to analyze the nature of the Constitution as a civil covenant and how a proper interpretation and application of it as such can solve many of today’s most pressing political problems. It will discuss the nature and history of civil covenants, examine the mechanics of the Constitution in the creation of a …

The Fourth Amendment, Ethan Payne

A with Honors Projects

This projects explains the fourth amendment using skits and a PowerPoint presentation.

The Electoral College: Federalism And The Election Of The American President, Edwin C. Kisiel Iii

Senior Honors Theses

The system of the Electoral College for presidential elections should remain intact and not be replaced by national popular election. Looking back at the discourse during the ratification of the Constitution, the Framers of the Constitution chose to devise the Electoral College to ensure the president would be truly a statesman, not a politician. Additionally, the Framers recognized that the “one person, one vote” system of popular election would not be sufficient to elect the president. Furthermore, since the President is an officer of the states, the Framers created a federal electoral system whereby small states have disproportionate representation in …

Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber

Faculty Scholarship

No abstract provided.

Republicanism And Aboriginal Peoples, Mark Francis

Aboriginal Policy Research Consortium International (APRCi)

No abstract provided.

A Constitution Of Direct Democracy : Pure Democracy And The Governance Of The Future, Locally And Globally, Michael Noah Mautner

Chemistry Publications

The author is a Research Professor of Chemistry and space science, with over 140 scientific papers and book chapters, and articles on science, society and the future in "The Futurist" and "Spaceflight". The book reflects his personal experience of political systems from the worst to the best, including the Holocaust, communism and various forms of democracy on four continents. He is active in environmental and nuclear disarmament issues, and participated in several election campaigns, including the first Direct Democracy Representative Campaign in Congressional District 6 in Maryland. The book is based on the author's extensive experiences in life, science and …