Browsing by Subject "constitution"

Now showing 1 - 3 of 3

Open Access
A Constitutional Crisis: The Kentucky Court of Appeals Schism, 1824-1826
(2010-04-23) Nudelman, Sarah
This thesis examines Kentucky’s tumultuous political history from 1824 to 1826. Prompted by power struggles between the legislature and judiciary, a court schism ensued. Dueling judicial bodies, the “Old Court” versus the “New Court,” each claimed to be the rightful Court of Appeals. In answering why a schism occurred and how it was resolved, I identify and analyze the underlying critical yet subtle constitutional issues. When Kentucky’s debtor relief laws were ruled unconstitutional in 1823, the legislative majority and its constituents were outraged. Although statesmen initially appeared politically-motivated, the debate mushroomed into a critique of their democratic form of government and what powers the state constitution sanctioned to each branch. Words led to action. In 1824, the legislature enacted a law to disband and replace the original court. However, the “former” judges refused to resign causing two tribunals to exist concurrently. A new constitutional question emerged: Did the legislature have the authority to dissolve the highest state court? Two political parties formed espousing opposite viewpoints and supporting the corresponding “legitimate” court. Over the next two years, the parties addressed “the people,” the true ruler of the republic, about this issue. Both parties utilized the constitution as an authoritative force, but presented arguments based on competing notions about republicanism, popular sovereignty, the written constitution, separation of powers, and judicial review. The thesis distills these positions to discern the political ideologies fueling the controversy. Ultimately, the factions, legislature, and contending courts entrusted “the people”—provided with facts and an awareness of democratic ideals—to resolve the controversy. Kentuckians utilized the annual state elections to voice popular will. In 1826, the legislature reflected the citizens’ wishes by repealing the law that disbanded the original Court of Appeals. This ended the schism and clarified the scope of judicial jurisdiction. Kentuckians reconciled discrepancies within the text and interpretations of the state constitution, the written will of “the people.” In the process, conceptions of popular sovereignty shifted. This scholarship provides a unique case study of popular constitutionalism, in which all three branches of government simultaneously appealed to the voters’ constitutional powers.
Open Access
Historical Influences in Contemporary Discourse
(2010-04) Johns, Danielle
This thesis is a comparative analysis and discussion on affirmative action for blacks in Ecuador and Brazil. I use history to understand the different approaches to and the different arguments for and against affirmative action in these two Latin American countries. While Ecuador and Brazil have some commonalities, being Latin American countries, current racial policies differ because of past social, political and economic differences. Differences in racial politics seen here can hopefully engender an appreciation for different racial policies seen elsewhere.
Open Access
Struck by Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination
(2010) Siegel, R
It was always recognition that one thing that conspicuously distinguishes women from men is that only women become pregnant; and if you subject a woman to disadvantageous treatment on the basis of her pregnant status, which was what was happening to Captain Struck, you would be denying her equal treatment under the law.(1)