We the "People": An Analysis of the Supreme Court's Jurisprudence Relating to Constitutional Personhood

Jennings, Emma (2017) We the "People": An Analysis of the Supreme Court's Jurisprudence Relating to Constitutional Personhood. Undergraduate thesis, under the direction of Douglass Sullivan-Gonzalez from History, University of Mississippi.

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Abstract

This thesis studies the Supreme Court’s jurisprudence on the issue of constitutional personhood and its historical lack of clarity and uniformity. I focus on three groups of persons who historically and frequently bring claims of constitutional protection before the Court: aliens, children, and felons. Across these three classes of claimants, case analysis shows that the Court lacks a clear framework for answering questions of constitutional personhood, instead relying on an individualistic approach in their decision-making, rendering a defined understanding of constitutional personhood impossible. I argue that the Court’s current methods of decision- making produce inequality and second-class citizenship, and further, that it is necessary for the Supreme Court to adopt a defined approach to constitutional personhood claims moving forward. Constitutional law and the Supreme Court’s future decisions will become increasingly convoluted and baseless without modification to their individualized approach.

Item Type: Thesis (Undergraduate)
Creators: Jennings, Emma
Student's Degree Program(s): B.A. History
Thesis Advisor: Douglass Sullivan-Gonzalez
Thesis Advisor's Department: History
Institution: University of Mississippi
Subjects: J Political Science > JA Political science (General)
Depositing User: Emma Emma Jennings
Date Deposited: 11 May 2017 20:41
Last Modified: 11 May 2017 20:41
URI: http://thesis.honors.olemiss.edu/id/eprint/867

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