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IDEOLOGICAL VOTING ON THE SUPREME COURT: AN ANALYSIS OF JUDICIAL ACTIVISM ON THE BURGER AND REHNQUIST COURTS, 1969-2004
Title
IDEOLOGICAL VOTING ON THE SUPREME COURT: AN ANALYSIS OF JUDICIAL ACTIVISM ON THE BURGER AND REHNQUIST COURTS, 1969-2004.
Creator
Larsen, Tiahna, Lanier, Drew, University of Central Florida
Abstract / Description
The influence of ideology and attitudes on the decision-making process of Supreme Court justices has been well documented, such that the attitudinal model has emerged as the dominant paradigm for understanding judicial behavior. When ideology and personal preferences seem to eclipse legal factors, such as adherence to precedent and deference to the democratically-elected branches, outcries of ÂÂ"judicial activismÂÂ" have occurred. Previous studies ...
Show moreThe influence of ideology and attitudes on the decision-making process of Supreme Court justices has been well documented, such that the attitudinal model has emerged as the dominant paradigm for understanding judicial behavior. When ideology and personal preferences seem to eclipse legal factors, such as adherence to precedent and deference to the democratically-elected branches, outcries of ÂÂ"judicial activismÂÂ" have occurred. Previous studies (Lindquist and Cross 2009) have operationalized judicial activism and have provided measures for studying behavior that may be considered activist (as opposed to restrainist), further supporting the premise that ideology trumps other extra-attitudinal and legal factors in the judicial decision-making process. While the attitudinal model indicates that ideology is the strongest predictor of judicial decision-making, this research will include a number of legal variables that have significantly influenced justicesÂÂ' votes. As previous studies have demonstrated, an integrated model that combines a number of critical variables can have more explanatory power than one that relies on attitudinal reasons alone (Banks 1999; Hurwitz and Stefko 2004; Mishler and Sheehan 1996). As such, the purpose of this research is to examine individual level decision-making of the most ideological justices on the Burger and Rehnquist Courts (1969-2004) in regards to their activist behavior to overrule legal precedents and invalidate federal statutes. This research will employ multivariate regression analysis to assess the effects of attitudinal, legal and extra-attitudinal factors in the judicial decision-making process.
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Date Issued
2010
Identifier
CFE0003287, ucf:48531
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0003287
THE ADJUDICATION OF PRESIDENTIAL POWER IN THE U.S. SUPREME COURT:A PREDICTIVE MODEL OF INDIVIDUAL JUSTICE VOTING
Title
THE ADJUDICATION OF PRESIDENTIAL POWER IN THE U.S. SUPREME COURT:A PREDICTIVE MODEL OF INDIVIDUAL JUSTICE VOTING.
Creator
Curry, Todd, Lanier, Drew, University of Central Florida
Abstract / Description
The interaction between the President and Congress is many times quite public and well documented (Cronin 1980; Covington et al. 1995; Fisher 1994; Schlesinger 2004). Similarly, relations between the Congress and the Supreme Court are well documented; Congress makes law and, if requested, the Court interprets it. The interaction between the president and the Court, however, is not nearly as well defined, and certainly not as public. Supreme Court cases involving the president directly are...
Show moreThe interaction between the President and Congress is many times quite public and well documented (Cronin 1980; Covington et al. 1995; Fisher 1994; Schlesinger 2004). Similarly, relations between the Congress and the Supreme Court are well documented; Congress makes law and, if requested, the Court interprets it. The interaction between the president and the Court, however, is not nearly as well defined, and certainly not as public. Supreme Court cases involving the president directly are fairly rare. King and Meernik (1995) identify 347 cases involving the foreign policy powers of the president, decided from 1790 to 1996, which is roughly 1.5 cases per calendar year. This study will examine the influence of attitudinal and extra-attitudinal factors on the individual level decision-making of the U.S. Supreme Court justices in cases involving presidential power. By using both attitudinal and extra-attitudinal factors, such as public opinion and armed conflict, this study will explore the limitations of a simple attitudinal model in complex and highly salient cases such as those that involve presidential power. The cases to be examined will be all presidential power cases decided from 1949 to 2005 (N = 38). The unit of analysis will, however, be the justice's individual-level vote (N = 337).
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Date Issued
2006
Identifier
CFE0001202, ucf:46953
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0001202
THE LASTING EFFECTS AND ANALYSIS OF THE SUPREME COURT'S DECISION IN: THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS V. SEBELIUS
Title
THE LASTING EFFECTS AND ANALYSIS OF THE SUPREME COURT'S DECISION IN: THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS V. SEBELIUS.
Creator
Esposito, Devin, Wood, Robert, University of Central Florida
Abstract / Description
The purpose of this thesis is to examine the Affordable Care Act through an analysis of the United States Supreme Court's holding in The National Federation of Independent Business v. Sebelius. In order to better understand the Supreme Court's reasoning in that case, this paper will first examine the history and the function of the Supreme Court, which will demonstrate the Court's power to either augment or diminish the power of the states in relation to the federal government. This paper...
Show moreThe purpose of this thesis is to examine the Affordable Care Act through an analysis of the United States Supreme Court's holding in The National Federation of Independent Business v. Sebelius. In order to better understand the Supreme Court's reasoning in that case, this paper will first examine the history and the function of the Supreme Court, which will demonstrate the Court's power to either augment or diminish the power of the states in relation to the federal government. This paper will then discuss the background of the Affordable Care Act, the procedural history of the case, and the majority's analysis supporting its decision. The concurring and dissenting opinions of the other justices will be discussed to present the various viewpoints regarding the proper role of the federal government and the implications this case may have on federal/state conflict. The Supreme Court ruled in favor of the Department of Health and Human Services. The 5-4 decision was extremely close and the opinions given by each Justice highlighted the various flaws and benefits of the Act it was looking to uphold. Further research of Supreme Court cases in our country's history reveal the trend of augmenting and diminishing state's rights. This thesis will examine the constitutionality of the aforementioned decision, the effects it will have on each of the states within the United States, and the impact the citizens will experience.
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Date Issued
2013
Identifier
CFH0004372, ucf:45012
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004372
CONSTITUTIONALITY OF DRUG POSSESSION AS A STRICT LIABILITY CRIME: AN ANALYSIS OF FLORIDA'S DRUG STATUTE
Title
CONSTITUTIONALITY OF DRUG POSSESSION AS A STRICT LIABILITY CRIME: AN ANALYSIS OF FLORIDA'S DRUG STATUTE.
Creator
Watson III, Davis, Cronon, Chad, University of Central Florida
Abstract / Description
The United States has a drug issue that is perpetually problematic. Efforts are being made on every level of government to reduce drug use and deter current and potential future users. Some of these efforts however are putting citizen's rights at risk in a manner that threatens the United States Constitution that hails over both the state and federal governments. My thesis will examine Florida's avant-garde approach to simplifying drug convictions through unprecedented legislation that has...
Show moreThe United States has a drug issue that is perpetually problematic. Efforts are being made on every level of government to reduce drug use and deter current and potential future users. Some of these efforts however are putting citizen's rights at risk in a manner that threatens the United States Constitution that hails over both the state and federal governments. My thesis will examine Florida's avant-garde approach to simplifying drug convictions through unprecedented legislation that has already been ruled unconstitutional on its face by the United States District Court for the Middle District of Florida. The decade long struggle will soon culminate in the Florida Supreme Court, and if found unconstitutional, could potentially impact thousands of inmates among other legal consequences. Through literature review and case study I will discuss the history of this issue and conclude by discussing possible rulings of the Florida Supreme Court in State v. Adkins, SC11-1878 (2D11-4559, 2nd DCA). In addition, I will analyze the case timeline that led to the legislative action which is being called into question in Adkins. I hypothesize that the ruling in Adkins will declare Florida's drug statute unconstitutional; however, I further presume that the currently incarcerated defendants will continue to serve their sentences virtually unaffected by the ruling, with some extraordinary exceptions. First, I will discuss the underlying legal premises, succeeded by an analysis of all pertinent case law and literature to assess the constitutionality of Florida's drug statute to further support my hypothesis. My goal for this thesis is to give perspective to the layperson as well as contribute to the statewide legal community through my organization of the subject, and analysis of case law.
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Date Issued
2012
Identifier
CFH0004255, ucf:44929
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004255
ALIEN TORT STATUTE: A DISCUSSION AND ANALYSIS OF THE HISTORY, EVOLUTION, AND FUTURE
Title
ALIEN TORT STATUTE: A DISCUSSION AND ANALYSIS OF THE HISTORY, EVOLUTION, AND FUTURE.
Creator
Yodlowski, Shane, Naccarato-Fromang, Gina, University of Central Florida
Abstract / Description
The Alien Tort Statute is a short, thirty-two word section of the United States Code enacted in 1789 as part of the Judiciary Act. The Alien Tort Statute, or ATS, has an uncertain and controversial beginning and remains controversial in current jurisprudence. The ATS reads as follows: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." It is my intent for this...
Show moreThe Alien Tort Statute is a short, thirty-two word section of the United States Code enacted in 1789 as part of the Judiciary Act. The Alien Tort Statute, or ATS, has an uncertain and controversial beginning and remains controversial in current jurisprudence. The ATS reads as follows: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." It is my intent for this thesis to be an academic discussion of the mysterious history, intent, and court cases that have evolved the ATS; and the way in which the evolution took place. Having lain dormant for almost two decades, it is important to understand how the ATS was finally utilized and how this affected the statutes' ability to become a tool for human rights persecution abroad; until the decision in Kiobel v. Royal Dutch Petroleum. Examining the language of two opinions by the District Court of the Second Circuit and the Supreme Court in Kiobel we will be able to understand, but reject, the arguments of both these courts.
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Date Issued
2014
Identifier
CFH0004615, ucf:45293
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004615
STUDY OF WHETHER UNITED STATES SUPREME COURT SEX-DISCRIMINATION JURISPRUDENCE IS WELL-GROUNDED IN FOURTEENTH AMENDMENT LEGISLATIVE HISTORY
Title
STUDY OF WHETHER UNITED STATES SUPREME COURT SEX-DISCRIMINATION JURISPRUDENCE IS WELL-GROUNDED IN FOURTEENTH AMENDMENT LEGISLATIVE HISTORY.
Creator
King, Jerrell, Slaughter, David, University of Central Florida
Abstract / Description
The purposes of the following thesis is to research United States Supreme Court sex-discrimination jurisprudence and ascertain if Fourteenth Amendment legislative history was used, referred to, cited to, or quoted from, by the Supreme Court Justices in their opinions regarding sex-discrimination cases since the Amendment was ratified in 1868. Legislative history is a window into the drafting, debating, and intricate crafting of laws and amendments. When words and phrases that are used in the...
Show moreThe purposes of the following thesis is to research United States Supreme Court sex-discrimination jurisprudence and ascertain if Fourteenth Amendment legislative history was used, referred to, cited to, or quoted from, by the Supreme Court Justices in their opinions regarding sex-discrimination cases since the Amendment was ratified in 1868. Legislative history is a window into the drafting, debating, and intricate crafting of laws and amendments. When words and phrases that are used in the statutes, codes, and amendments are ambiguous or unclear, judges and justices should use the legislative history to ascertain the intent of the framers of the legislation. The methodology that was employed for this thesis was through the researching of all relevant United States Supreme Court cases as to what was written by the Justices in their opinions. Research was conducted into the relevant law review articles on the subject of legislative history of the Fourteenth Amendment, Supreme Court sex-discrimination jurisprudence, and the historical impact of Court decisions on the law relative to sex-discrimination. After extensive research, it was discovered that the United States Supreme Court has established over 144 years' worth of sex-discrimination jurisprudence. The law review article research revealed that the lack of legislative history research by the Court has not gone unnoticed by the legal community or the women's rights community since the Fourteenth Amendment was originally drafted. The research and analysis of the sources of sex-discrimination from cases, law review articles, and books on the subject, led to the conclusion that no Fourteenth Amendment legislative history was ever used by the Supreme Court of the United States as part of its development of sex-discrimination jurisprudence.
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Date Issued
2013
Identifier
CFH0004327, ucf:45045
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004327
THE FORGOTTEN THIRD BRANCH: THE SUPREME COURT, PUBLIC OPINION, AND THE MEDIA
Title
THE FORGOTTEN THIRD BRANCH: THE SUPREME COURT, PUBLIC OPINION, AND THE MEDIA.
Creator
Pitchman, Adrien, Schmidt, Cynthia, University of Central Florida
Abstract / Description
The three branches of government rely on public engagement for the prosperity of the nation. Moreover, informed public opinion is a fundamental tenant of democracy. With that in mind, this paper aims to explore the relationship between the Judicial Branch and the public. Specifically, this paper examines and questions the Supreme Court's efficacy communicating with the public. American constituents are inundated on a daily basis by the clamor of D.C. politics. The twenty four hour news cycle...
Show moreThe three branches of government rely on public engagement for the prosperity of the nation. Moreover, informed public opinion is a fundamental tenant of democracy. With that in mind, this paper aims to explore the relationship between the Judicial Branch and the public. Specifically, this paper examines and questions the Supreme Court's efficacy communicating with the public. American constituents are inundated on a daily basis by the clamor of D.C. politics. The twenty four hour news cycle has given way to politicized headlines and exaggerated pundit commentary on contentious national issues. In a technological age where information is instant and the public has become accustomed to soundbites for education, the Supreme Court is left out of place. Both the Executive Branch and Legislative Branch converse directly with the public when necessary. Politicians frequently address their constituents or discuss complicated issues with voters first hand. However, the Supreme Court has rejected this strategy and instead relies almost exclusively on the press to relay their decisions. The judicial branch is the only third of our government without constant communication to the American people. As a result, the judiciary is relatively ignored by its citizens. By discussing a number of landmark cases since the turn of the century, this paper aims to analyze how those decisions were both announced to the public by the media and how the public received them. The Court has certainly adopted the press as an agent of communication. But is the media truly the proper outlet for the Court's rulings?
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Date Issued
2015
Identifier
CFH0004771, ucf:45392
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004771