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United States Supreme Court case law on campaign finance
Vagenknecht, Milan Kristian ; Antoš, Marek (advisor) ; Jirásková, Věra (referee)
United States Supreme Court case law on campaign finance The diploma thesis deals with the development of US Supreme Court case law on the issue of electoral campaign finance while paying special attention to the question of the constitutionality of expenditure and contribution limits. Its main goal is to provide a comprehensive analysis of these cases to demonstrate how regulation of campaign finance works there, which is considerably different from systems found not only in the Czech Republic but also in Europe. At the same time, the author focuses primarily on providing insight into the more recent part of American case law, which has significantly loosened the whole regulatory system, especially regarding the financial participation of legal entities in electoral campaigns. The author divides the work into four parts. In the first part, the reader is introduced to the basic institutes and concepts that relate to the American campaign finance law and then compares them with their Czech counterparts in order to facilitate the understanding of the following three parts, which already cover the concrete cases. In particular, it analyzes various concepts of corruption. This part also deals with de lege ferenda issues, i.e., the effectiveness of the financial limits imposed on candidates that run for...
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The US Supreme Court, its, formation and first key decisions
Červinková, Zuzana ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
These days, the Supreme Court of the United States represents a very important and irreplaceable role in its home land: protection of constitutionality, explanation of federal laws, as well as appellate court of last resort within the framework of American courts. Today there is no doubt about its jurisdiction, but there were doubts. In the beginning of its existence no one was sure if the Court could overcome the initial obstacles which were in the way. This diploma thesis deals with the initial existence of the Supreme Court of the United States, its role within the framework of the US federal power system, and its progressive integration as equal with the legislative branch and executive power - The United States Congress and the President, respectively. The main objective of this thesis is to introduce the federal judiciary of the United States, show its differences from the continental system, and accentuate the importance of precedents. First, I focus on the history of the United States; colonization by British citizens, the American War for Independence, The Declaration of Independence, and the formation of American statehood in the 1780s, which resulted in the acceptance of one of the longest- lasting written constitutions in the world. After the historical excurse, the thesis focuses on...
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Nomination of the US Supreme Court Justices as a part of the system of checks and balances
Bielawski, Adam ; Kotábová, Věra (advisor) ; Dopieralla, Jakub (referee)
The topic of this thesis is nomination of justices of the Supreme Court, the highest federal court in the United States. The Constitution gives the power to appoint new federal justices to the president, with "advice and consent" of the Senate. This clause is based on one of the primary constitutional principles used in the United States - the system of checks and balances. The first part describes the general aspects of all nominations, from court vacancies to the final vote on Senate floor. The primary roles of the president and the Senate are defined. Focus is also set on the evolution of the nomination process throughout the history, as well as the criteria for selecting new justices, who shape the constitutional development of one of the oldest functioning democracies. The structure of the first part is then applied for a description of the nomination of Brett M. Kavanaugh, who was appointed to the Supreme Court by President Donald Trump in 2018. The course of this nomination was strongly affected by sexual assault accusations against the nominee and fierce partisan battles that resulted in the closest confirmation vote in history. The final part applies quantitative research methods to discover the influence of partisan difference between the president and the Senate majority on the...
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War Powers of the U.S. President in War Against Terrorism: A Case Study of President Bush's Military Order for November 13, 2001
Dobeš, Petr ; Sehnálková, Jana (advisor) ; Raška, Francis (referee)
The subjects of this thesis are the war powers of the U.S. President. The main theory of this work is that from the beginning of the 20th century, there is the trend of expanding presidential powers and a strong executive which peaked during the presidency of George W. Bush under the influence of extraordinary circumstances that had been in place after the terrorist attacks of 9/11. This theory will be proved by the case study of a Military Order of November 13, 2001 regarding Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism issued by president George W. Bush and by the analysis of communication between certain members of the executive. This thesis seeks answers to questions whether the U.S. Constitution is able to cope with the threat of global terrorism, in what ways President Bush overstepped his constitutional authority and whether the presidency of George W. Bush could be regarded as a case of an "imperial presidency" as described by Arthur Schlesinger Jr.
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The US Supreme Court, its, formation and first key decisions
Červinková, Zuzana ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
These days, the Supreme Court of the United States represents a very important and irreplaceable role in its home land: protection of constitutionality, explanation of federal laws, as well as appellate court of last resort within the framework of American courts. Today there is no doubt about its jurisdiction, but there were doubts. In the beginning of its existence no one was sure if the Court could overcome the initial obstacles which were in the way. This diploma thesis deals with the initial existence of the Supreme Court of the United States, its role within the framework of the US federal power system, and its progressive integration as equal with the legislative branch and executive power - The United States Congress and the President, respectively. The main objective of this thesis is to introduce the federal judiciary of the United States, show its differences from the continental system, and accentuate the importance of precedents. First, I focus on the history of the United States; colonization by British citizens, the American War for Independence, The Declaration of Independence, and the formation of American statehood in the 1780s, which resulted in the acceptance of one of the longest- lasting written constitutions in the world. After the historical excurse, the thesis focuses on...
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The issue of race in the jurisprudence of the Supreme Court of the United States : the evolving interpretation of the Equal Protection Clause
Martinec, Tomáš ; Sehnálková, Jana (advisor) ; Kozák, Kryštof (referee)
This thesis entitled The Issue of Race in the Jurisprudence of the Supreme Court of the United States: The Evolving Interpretation of the Equal Protection Clause analyses the jurisprudence of the Supreme Court of the United States concerning Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States, in particular the following decisions: Plessy v. Ferguson, Sweatt v. Painter, Brown v. Board of Education, Topeka, Regents of the University of California v. Bakke, Grutter v. Bollinger, Gratz v. Bollinger, Fisher v. University of Texas and Schuette v. Coalition to Defend Affirmative Action. The analysis of the above- mentioned decisions illustrates the evolution of the philosophical background of the Supreme Court. After the Second World War, the natural-law legal philosophy began influencing the Justices and slightly overshadowed the positive-law current that was predominant in the pre- War era, in particular in the 19th century. This new philosophical background of the High Court help to constitutionally entrench the affirmative action policies by Justice Powell's opinion in Bakke and particularly by Grutter. However, the natural-law current has never become as dominant as the positive-law one in the 19th century, and as shown in Grutter's companion case of Gratz...
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Interpretation of the Interstate Commerce Clause by the U.S. Supreme Court
Musilová, Nikola ; Kozák, Kryštof (advisor) ; Raková, Svatava (referee)
This diploma thesis aims to analyze the issue of one of the most significant congressional powers found in Article I., Section 8 of the U.S. Constitution. Congressional power to regulate interstate commerce has been instrumental to the federal government's legislative efforts in many areas of law. This constitutional provision enabled the Congress to react to the changing conditions and new problems the country has been facing, especially in the area of working conditions, civil rights, criminal justice or even environmental law and many others. The expansion of power of the federal government, however, was not always greeted with enthusiasm, especially in the first three decades of the 20th century, before the Supreme Court began to read the commerce power much more broadly, to the point that it ceased to be a factual limitation of its powers. This trend was meant to be stopped by the New Federalism movement and the five new conservative justices who issued rulings that limited the scope of the Commerce Clause. However, this group of justices proved to be very inconsistent in its own approach toward this constitutional provision and eventually fell apart, which rendered Rehnquist's attempted constitutional revolution with respect to state's rights partly a failure. As the new Court membership under...
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Judge-made Law. Comparison between the Court of Justice of the European Union and the Supreme Court of the United States
Dumbrovský, Tomáš ; Tichý, Luboš (advisor) ; Holländer, Pavol (referee) ; Zemánek, Jiří (referee)
JUDGE-MADE LAW COMPARISON BETWEEN THE COURT OF JUSTICE OF THE EUROPEAN UNION AND THE SUPREME COURT OF THE UNITED STATES Keywords: judge-made law; the European Union; the Court of Justice of the European Union; the Supreme Court of the United States; judicialization of governance; Kelsenian court; European constitutional space; European constitution; normativity; constitutional pluralism; sovereignty; federalism; post-communist states; new Member States of the European Union. Standard page (that is 1800 characters per page) and word count (including footnotes; without the contents, bibliography and annexes): 327 standard pages; 82 795 words. The Ph.D. thesis offers a complex reconceptualization of the constitutional system in the European Union. The constitutional systems of the Member States have been substantially transformed during the 20th century. Meanwhile a new constitutional system functioning in the Member States alongside their own systems has emerged - the constitutional system of the European Union. These two fundamental changes are difficult to grasp through an existing theoretical framework. That is because the framework is based on a set of outdated concepts: (i) Rousseau's concept of volonté générale that forms the basis of the parliamentary supremacy in a constitutional system; (ii)...
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