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A COMPARATIVE ANALYSIS OF THE UNITED STATES SUPREME COURT'S DOCTRINE OF SELECTIVE INCORPORATION AND CORPORATE CONSTITUTIONAL RIGHTS JURISPRUDENCE
Title
A COMPARATIVE ANALYSIS OF THE UNITED STATES SUPREME COURT'S DOCTRINE OF SELECTIVE INCORPORATION AND CORPORATE CONSTITUTIONAL RIGHTS JURISPRUDENCE.
Creator
Fate, Rebecca R, Beckman, James, University of Central Florida
Abstract / Description
With recent and contentious Supreme Court cases dealing with corporate constitutional rights, such as Citizens United v. Federal Election Commission (2010), as well as with the appointment of a new justice, the time is particularly ripe for evaluations of the Supreme Court's jurisprudence in this area, including predictions about the future of this line of cases. The purpose of this thesis is to establish a better understanding of the historical jurisprudential approach utilized by the...
Show moreWith recent and contentious Supreme Court cases dealing with corporate constitutional rights, such as Citizens United v. Federal Election Commission (2010), as well as with the appointment of a new justice, the time is particularly ripe for evaluations of the Supreme Court's jurisprudence in this area, including predictions about the future of this line of cases. The purpose of this thesis is to establish a better understanding of the historical jurisprudential approach utilized by the Supreme Court to decide corporate constitutional rights by establishing the well-known doctrine of selective incorporation as an appropriate analogy. No other works attempt to frame the case history of corporate constitutional rights within a consistent doctrine, yet many works seek to evaluate and predict Court decisions in this area. This work will therefore create a new frame of reference for corporate constitutional rights, providing a new basis for interpretation and predictions. This thesis begins by conducting a thorough overview of both lines of cases, focusing on the establishment of each doctrine over time as well as the reasoning behind the Court's use of this particular approach. Once a clear picture of both approaches has been ascertained, this thesis moves on to an overall comparison and evaluation of both approaches. In finding the process, intent, and overall effect of both jurisprudential approaches to be the same, the use of selective incorporation as an analogy for the Supreme Court's approach to corporate constitutional rights gives way to predictions about the future of corporate constitutional rights. Considering the relevant views expressed by the new justice, Neil Gorsuch, and the previous decisions of the Roberts Court, this analogy provides solid evidence for predicting continued expansion of corporate constitutional rights, including such areas as freedom of speech, freedom of religion, and perhaps even rights of the accused. The comparative approach used in this thesis, as well as the analogy it establishes, can also be revisited as new Court decisions are made and as the makeup of the Court changes overtime.
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Date Issued
2017
Identifier
CFH2000194, ucf:45985
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH2000194
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