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

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Intolerant Democrat Syndrome: The Problem Of Indonesian Democratic Consolidation, Saiful Mujani

Jurnal Politik

Indonesia underwent democratization after more than 20 years (1998–2020), but many studies conclude that the country’s democracy is not consolidated and suffered a setback, at least in the last five years. An increase in political intolerance in society is believed to be the cause of this setback. However, studies on Indonesian political tolerance are biased and thus do not reflect actual conditions of general tolerance. This study offers a new unbiased strategy called “content-controlled measures of political tolerance” in the research on political tolerance. This strategy has been used in a series of national public opinion surveys for a relatively …

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 …

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, …

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 …

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 …

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

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 …