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Social and Behavioral Sciences Commons™
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Articles 31 - 60 of 99
Full-Text Articles in Social and Behavioral Sciences
The Age Of Facebook And The Right To Privacy: A Brandeisian Perspective, Kristen Cochran
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 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
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 …
“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 …
American Creed, William R. Tharp
American Creed, William R. Tharp
Agora
This essay examines the American Founders’ convictions about government as expressed through key documents such as the Declaration of Independence, the Federalist Papers, and the Constitution. The goal of this paper is to answer two fundamental questions on behalf of the architects of the American state: Who should rule and what is the main purpose of government? In answering these questions, this analysis also probes into the unique amalgam of both ancient and contemporary political theory that influenced the decisions and opinions of the Founders. Ultimately, this essay highlights their support of a limited republican government run by the …
We The People, Melody Pruitt
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 …
Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett
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 …
Japan's Article 9 And Japanese Public Opinion: Implications For Japanese Defense Policy And Security In The Asia Pacific, Julie Jo Tollefson
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 …
“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 …
Democracy And Development In Africa: What Africans Require, Ugochukwu M. Ifoh
Democracy And Development In Africa: What Africans Require, Ugochukwu M. Ifoh
Young African Leaders Journal of Development
According to the 2009 African Governance Report (AGR II), by the United Nations Economic Commission for Africa (UNECA), many democracies in Africa are suffering from an authoritarian hangover. Many African countries adopted the system of democracy because it enjoys global endorsement as the best form of government and panacea for underdevelopment. But it is a truism that development in Africa remains impeded. This is because many African leaders are ignorant and negligent of the philosophical principles upon which democracy is formed. This paper seeks to discuss, within an African framework, the link between democracy and development. The clamour for democracy …
Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon
Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon
Indiana Journal of Constitutional Design
No abstract provided.
Why You Can’T Count On Congress To Rein In A President Trump, Lori Cox Han
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
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]
Juridical, Religious And Globalization Perspectives On The Constitutions Of Egypt And Tunisia After The Arab Spring, Lora Hadzhidimova
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 …
Constitutionalizing The Dispute: Federalism In Hyper-Partisan Times, James H. Read
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
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.
The Constitution: Who Knows, Who Cares?, Luke Bell, Jeremy Pope
The Constitution: Who Knows, Who Cares?, Luke Bell, Jeremy Pope
Journal of Undergraduate Research
In recent years, significant attention has been directed toward the role and relevance of the Constitution in contemporary politics. Conservative and Tea Party voters, for example, tout their dedication to the “founding principles” in the Constitution. Despite the prevalence of Constitutionally-charged rhetoric among political activists, national surveys have repeatedly found that most Americans are, at best, poorly informed about the nation’s founding document.
Inventing The Classical Constitution, Herbert J. Hovenkamp
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
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 …
History In The Making: Tunisia's Revolution, Nathaniel Greenberg
History In The Making: Tunisia's Revolution, Nathaniel Greenberg
Nathaniel Greenberg
ON THE NIGHT of January 24, 2011, I sat smoking shisha and sipping tea at a coffee shop in the downtown Cairo neighborhood of Lazoghly, just blocks from Tahrir Square. The Tunisian revolution had reached a crescendo, but there was little talk of it in this largely working-class neighborhood. With rumors spreading that protests were planned for the coming day, I asked some of the regulars if they thought Egypt could go the way of Tunisia. It was a laughable query. Egypt was too divided, they said, Mubarak too powerful. The following day seemed to confirm their skepticism. No one …
The Divergence Of Modern Jurisprudence From The Original Intent For Federalist And Tenth Amendment Limitations On The Treaty Power, Steven T. Voigt
The Divergence Of Modern Jurisprudence From The Original Intent For Federalist And Tenth Amendment Limitations On The Treaty Power, Steven T. Voigt
The University of New Hampshire Law Review
[Excerpt] “That the federal treaty-making authority is constrained by the other parts of the Constitution does not sound like the stuff of law journals. It seems like common sense. After all, we would not expect someone to argue that the ability to “regulate Commerce” entitles Congress to disregard the Third Amendment and quarter soldiers in our houses. We would not expect to see an argument that the power to “establish Post Offices” enables Congress to disregard the freedom of the press in the First Amendment. So, why is the Tenth Amendment so fully disregarded with respect to treaties?”
Counterfeit Constitutionalists, Evan Barrett
Counterfeit Constitutionalists, Evan Barrett
Highlands College
A Montana Public Radio Commentary by Evan Barrett.
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 …
American Government In Action, Cynthia Suarez, Lea Elizabeth Allen, Mary Ford
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
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
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 …
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.
Our Covenant Constitution: The Covenantal Nature Of The United States Constitution, William T. Crabtree
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
The Fourth Amendment, Ethan Payne
A with Honors Projects
This projects explains the fourth amendment using skits and a PowerPoint presentation.
Are You Smarter Than A 5th Grader?, Minnesota State University, Mankato
Are You Smarter Than A 5th Grader?, Minnesota State University, Mankato
Constitution
Bibliography and photographs of a display of government documents from Minnesota State University, Mankato.