Honors Theses

Date of Award

2017

Document Type

Undergraduate Thesis

Department

History

First Advisor

Douglass Sullivan-Gonzalez

Relational Format

Dissertation/Thesis

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.

Accessibility Status

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