Date of Defense

Spring 4-6-2005

Department

Political Science

First Advisor

Peter Renstrom, Political Science

Second Advisor

Ashlyn Kuersten, Political Science

Keywords

fifth amendment, fourteenth amendment, cyberlaw, technology, due process

Abstract

The purpose of this paper is to indicate the evolution of a doctrinal development such as substantive due process. Historical origins will be examined to indicate the necessity the Court felt at the time in which the doctrine was adopted, in name rather than substance, and the demand for the changes that are made to substantive due process throughout history. The current presence of this judicial construct will be evaluated in terms of similarity to historical links as well as to distinct desires of the current Court era. Furthermore, the future of substantive due process will be probed to develop an increased understanding of the direction the Supreme Court may take in terms of answering modern questions rooted in technology that cannot be linked or correlated to a historical tie.

Access Setting

Honors Thesis-Campus Only

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