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Political Science

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Constitution

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On Hannah Arendt's Study Of Constitutionalism In The Aftermath Of Totalitarianism: A Philosophical Search For The Principle To Secure The Foundations Of Modern Politics, Joseph De Leon Flores May 2024

On Hannah Arendt's Study Of Constitutionalism In The Aftermath Of Totalitarianism: A Philosophical Search For The Principle To Secure The Foundations Of Modern Politics, Joseph De Leon Flores

Open Access Theses & Dissertations

Hannah Arendt faces the grotesque appearance of totalitarianism, and with bravery goes on the offensive, herself armed with contemporary philosophical tools of analysis, to do battle in the field of existential-phenomenology against this modern monster. Totalitarianism, birthed from the seeds of lawless action, claims to be the most lawful mode of human existence. The monstrous existence of totalitarianism demonstrates a crisis in the very foundations of modern manâ??s political mode of being. In order to find a solution to this modern political crisis Arendt closely studies the experience of constitution writing at the moment the men of action are about …

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The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock Jan 2024

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 …

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Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell Jan 2024

Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell

Undergraduate Theses, Professional Papers, and Capstone Artifacts

No abstract provided.

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Term Limits: An Argument For The Senate, Deanna Ferry Jan 2023

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 …

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The Pardon Paradigm: The Presidential Pardons Of Donald J. Trump, Hlynur Saemundsson Jan 2022

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 …

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The Anti-Secular Regulation Of Religious Difference In Egypt, Meriam Wagdy Azmi Jun 2021

The Anti-Secular Regulation Of Religious Difference In Egypt, Meriam Wagdy Azmi

Theses and Dissertations

Egyptian religious freedom activists and researchers have for decades called for more secularism to remedy the violations facing religious minorities. Those religious minorities have been subject to attacks for practicing religious rituals and suffered from lack of recognition by the government. As those activists advocated secularism, some academics critiqued it and deemed it the instigator of the very problems it claims to uproot. Saba Mahmood famously argued that secularism is a primary producer of religious tension in Egypt. In this thesis, I argue that it is not the mere regulation of religious difference as a feature of secularism that is …

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The Federalist Society And Constitutional Interpretation: Who Gets To Say What The Constitution Says, Deborah L. Toscano May 2021

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 …

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Was Trump’S Deployment Of Federal Officers To Portland, Oregon And Other Cities During The Summer Of 2020 Legal And Constitutional?, Celina Tebor May 2021

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, …

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Presidents And The U.S. Constitution: The Executive’S Role In Interpreting The Supreme Law Of The Land, Mitchell Scacchi Jan 2021

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 …

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The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes Jun 2020

The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes

Dissertations, Theses, and Capstone Projects

The enactment of law is not to be confused with the rule of law, and simply having a constitution does not guarantee political order. In Guinea-Bissau there have been calls to write a new constitution, but whether that helps Guinea-Bissau become a more stable country is questionable. Currently, there is a gap in the research of social science, history and political science examining how the processes of instability have unfolded in Guinea-Bissau. Few studies attempt to examine the correlation between a country’s stability and its constitution. A paradoxical situation exists in many countries in Africa where the political system is …

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Thank You For Considering Me Such A Huge Threat: A Critical Analysis Of Iran's Foreign Policy, Liza Boyer May 2020

Thank You For Considering Me Such A Huge Threat: A Critical Analysis Of Iran's Foreign Policy, Liza Boyer

Honors Theses

The United States has long held the idea that Iran poses a threat to our interests as well as global stability, implying that Iran is irrational and makes decisions rooted purely in ideology. After creating an independent framework based on rational choice theory, descriptive decision theory, and the Constitution of the Islamic Republic of Iran, I determined four possible ways to describe Iran’s foreign policy: rational-constitutional, irrational-constitutional, rational-unconstitutional, and irrational-unconstitutional. I then apply this framework to six cases which I have identified to be vital to understanding Iran’s foreign policy: Iraq, Israel, United States of America, China, the nuclear program, …

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Constitutional War Powers Of The United States: The Founding Prescription And Historical Adherence, Blake Annexstad May 2020

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 …

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Healthy And Unhealthy Responses To American Democratic Institutional Failure, Thomas D'Anieri Jan 2020

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 …

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Constitutional Reflections Of The People: Representation In The Constitutions Of The United States (1789) And Chile (1833), Zoe E. Nelson Jan 2020

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 …

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The Relevance Of The Constitution In Today's Society, Matthew Reiber Aug 2019

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 …

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Public Financing Of Elections In The States, Nicholas Meixsell Jun 2019

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 …

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“Of Every Sort”: Conceptions Of Property Rights At The Time Of The American Founding, Zachary Wong Jan 2019

“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 …

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Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett Apr 2018

Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett

Student Theses and Dissertations

This paper seeks to establish the reasons why federal copyright protection was created, discuss the shifts in reasoning behind major amendments, and explore its effects on copyright holders and the public, with a slight focus on the music industry. Federal copyright has existed in the United States since the late 1700s, with the creation of the Copyright Act in 1790. Adopted from the first copyright law ever created, the English Statute of Anne (1710), the Copyright Act was meant to protect citizens from piracy in a world where the risk of such a thing was rapidly increasing. The stated objective …

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Japan's Article 9 And Japanese Public Opinion: Implications For Japanese Defense Policy And Security In The Asia Pacific, Julie Jo Tollefson Jan 2018

Japan's Article 9 And Japanese Public Opinion: Implications For Japanese Defense Policy And Security In The Asia Pacific, Julie Jo Tollefson

Browse all Theses and Dissertations

The Asia Pacific power structure is facing numerous challenges. Scholarship demonstrates Japan has encountered arduous obstacles as it balances Chinese and North Korean activity. As Japan attempts to expand its military capabilities, polling data shows that defense policy has conflicted with Japan's citizens and neighboring countries. The focal point of these contentions is Article 9 of the Japanese constitution which restrains the Japanese military to self-defense purposes. Prime Minister Shinzo Abe has vowed to revise Article 9 by 2020. However, revising Article 9 is no simple task. Research demonstrates that for decades Japanese public opinion has been opposed to the …

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“Report All Obscene Mail To Your Postmaster” Reading, Institutions, And The American Public, Post-Revolution And 1965, Connor Christopher Boehme Jan 2017

“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 …

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Juridical, Religious And Globalization Perspectives On The Constitutions Of Egypt And Tunisia After The Arab Spring, Lora Hadzhidimova Apr 2016

Juridical, Religious And Globalization Perspectives On The Constitutions Of Egypt And Tunisia After The Arab Spring, Lora Hadzhidimova

Institute for the Humanities Theses

This work examines the juridical aspects of the current Egyptian and Tunisian Constitutions adopted after the Arab Spring. Along with the legal analysis of these two manifestations one more element is also a subject of this commentary – possible political issues that can surface from the interpretation of some controversial articles. The second part of this study focuses on the compatibility between the premises of the Islamic Sharia, the Islamic culture and tradition, and the core values of the contemporary modern democratic states. Moreover, it addresses some of the problematic moments within the discourse whether or not the Quran evokes …

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Presidential War Powers, Matt Scott Formisano May 2013

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 …

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The Power To Regulate: State Vs. Federal Authority In Immigration Law, Mallory E. Young May 2012

The Power To Regulate: State Vs. Federal Authority In Immigration Law, Mallory E. Young

Chancellor’s Honors Program Projects

No abstract provided.

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The Use Of Transnational Jurisprudence In Constitutional Human Rights Adjudication, Mona Ahmed El Bahtimy Jun 2005

The Use Of Transnational Jurisprudence In Constitutional Human Rights Adjudication, Mona Ahmed El Bahtimy

Archived Theses and Dissertations

No abstract provided.

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