Political Science Honors Theses

Judicial Recusal: On the Brink of Constitutional Change

Laura M. Beamer — Mon, 25 Mar 2013 11:50:11 PDT

Recusal, or judicial disqualification, occurs when a judge abstains from a particular legal proceeding because of a personal conflict of interest. All levels of the judicial system and some administrative agencies in the United States apply the concept of recusal, but this study focuses on the United States Supreme Court. Title 28 of the United States Code provides standards (not obligatory by legal means) on when Supreme Court Justices should recuse themselves. But Supreme Court Justices are themselves the arbiters of their own recusal and often these substantive standards are not met. The method of study applied is theoretical, using both quantitative and qualitative data from past Supreme Court cases.

The Evolution of Electronic Surveillance: Balancing National Security and Civil Liberties

Phillip Ryan Hussey — Mon, 08 Feb 2010 17:11:32 PST

This paper examines the history of electronic surveillance for national security purposes within the United States and relates the statutory and constitutional law to the current, post September 11th practices. An extensive examination of the Foreign Intelligence Surveillance Court and the recently leaked, classified Terrorist Surveillance Program shows that the FISA Court, within its narrow jurisdiction, adequately accounts for constitutional standards, yet the TSP—including recent reforms—is in clear violation of constitutional and statutory law.

Delegation of Trade Authority to the President under Unified and Divided Government: The Institutional Significance

David Brown — Mon, 08 Feb 2010 17:11:31 PST

This study examines the effect that divided or unified government, in the United States of America, has on the delegation of trade authority to the President. Using a qualitative analysis approach, I examine competing views and formulate an independent opinion based on the peoples’ preferences and evaluation of the principles of America’s Constitutionalism. I conclude that overemphasis on the impact of divided government is misleading because trade issues provide the primary mechanism which determines the implementation of America’s trade policies, and the principles of Constitutionalism are valuable guidelines. Blended with the discussion is the awareness of an American ethos which challenges formulation of trade agreements in an era of increased globalization.