CEU Electronic Theses and Dissertations, 2007
| Author | Radenovic, Marko |
|---|---|
| Title | Heresthetical Maneuvers and the Federalism Dimension in Recent US Supreme Court Cases |
| Summary | Relying on Riker’s concept of heresthetics and using the analytical narrative approach, the thesis offers a possible reconstruction of the reasons and actions behind the demise of the “federalism revolution” in the recent US Supreme Court Commerce Clause jurisprudence. By focusing on three interrelated cases – OCBC, Raich and Oregon – it argues that their outcomes and effects can be completely explained by assuming heresthetical maneuvers on the side of the Court’s liberal-antifederalists. Frustrated by the string of 5:4 decisions that have curbed the powers of Federal Government, the liberals have applied heresthetical moves in order to divide the conservative-federalist majority. Their actions have been successful and they scored an anti-federal victory in Raich and liberal victory in Oregon. The hypothesis is substantiated by findings obtained through discourse and content analysis, and successfully tested on the repeated Court of Appeals trial in Raich. |
| Supervisor | Pelinka, Anton |
| Department | Political Science MA |
| Full text | https://www.etd.ceu.edu/2007/radenovic_marko.pdf |
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