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Thesis (M.A.)—University of Nebraska—Lincoln, 1969. Department of Political Science


Copyright 1970, the author. Used by permission.


This thesis surveys the comparative performance of the Federal and State Supreme Courts in the area of substantive due process. It takes a look at the pre 1937 Federal Supreme Court and argues why the post 1937 Federal Supreme Court has proven superior in its practice.The State Supreme Court decisions are not of national authority and hence are less restrictive as a whole in their effect on state legislatures.This thesis takes a deeper look in the decisions made by the State Supreme Courts and Federal Supreme Courts and showcases arguments both for and against the use of due process clauses as a means for thwarting state legislative decisions.

Advisor: Jack W. Rodgers