Date of Defense
4-20-1998
Department
Political Science
First Advisor
Dr. Neil Pinney
Second Advisor
Dr. Peter Renstrom
Third Advisor
Dr. David Houghton
Abstract
The new judicial federalism, a trend whereby states and their constitutions have become important for those seeking new-to-be-recognized individual rights, may be signaling the beginning of a shift in American judicial history. This could in turn be creating fresh breeding grounds for rights activists to gain support for new policies granting and enforcing greater rights protections. One way of gaining policy consensus for new individual rights at the federal level could be their existence as rights in various individual states. The experience of an individual right at a state level could provide the example of its effects needed by policy innovators and interest groups to achieve its federal enactment. In this way, then, the new judicial federalism could be raising the "rights ceiling" with the influx of "extra" rights being afforded in individual states, above and beyond what is being provided by the federal government.
Recommended Citation
Riley, Sarah M., "Individual Rights and Their Progression from States to the Federal Government: A Case Study of the Disability Rights Movement" (1998). Honors Theses. 942.
https://scholarworks.wmich.edu/honors_theses/942
Access Setting
Honors Thesis-Campus Only