This dissertation is the formulation of an argument for the incorporation of a liberated federalism perspective as the foundational theoretical construct for the teaching and study of American government and civics at the secondary level. The argument asserts that the history of the nation, in terms of its basic view of government, has developed from a traditional federalist view to a natural rights view. Instruction of government and politics has paralleled that development. The argument further asserts that the current dependence on the natural rights perspective has contributed and helped legitimize, however unintentionally, the excessive levels of individualism, self-absorption, and uncivil behavior that is being experienced in our society today. The argumentation follows the dialectic form presented by Hegel of thesis, antithesis, and synthesis. That is, the thesis argues that the traditional federalist perspective would serve as a viable construct for the teaching of government and civics. In this portion of the argument, the republican model of political reality is presented. The antithesis promotes the natural rights perspective and relies on the political systems model for its theoretical approach. Finally, the synthesis argues that a liberated federalism perspective should be the foundational construct. Here, the argument presents its own model as a theoretical construct that is designed to assist teachers and curriculum materials writers in the development of American government and civics lessons and materials.

Questions of jurisdiction over Indian lands between tribal and state governments constitute some of the most vexing problems in federal Indian law. The Ute jurisdiction case captures, in one instance, the complexities that surround this important body of law. Many cases concerning Native American jurisdiction rights center on disputed interpretations of antiquated federal laws. In the Ute case, both the State of Utah and the Ute Indian tribe contested the meaning of a series of congressional acts that opened Ute lands to white settlement at the turn of the century. The protracted litigation that marked the Ute case revealed many of the inconsistencies and contradictions that plague the federal courts in their attempts to resolve jurisdiction controversies. This thesis examines the particulars of the Ute ii lawsuit and, using it as a vehicle, investigates the limits of the law in deciding Indian/white jurisdiction disputes.

The behavioral sciences in conjunction with history provide a unique opportunity for a more creative, yet precise, approach to the role of man as an historical and social agent. On the one hand history provides an approach to man’s role based on the appeal to both facts and creative interpretation. On the other, the behavioral sciences can provide historians with a more precise concept of the mechanism of social, cultural, and personal role development and action. The creative conjunction of the behavioral sciences and history is called Neo-synthecism in order to more easily identify this approach. There are two purposes to this essay: to show both the general utility of a behavioral approach to history, and the specific role of the self-fulfilling prophecy. The self-fulfilling prophecy, derived from the work of sociologist, Robert K. Merton, demonstrates how men tend actively to fulfill and objectify the expectations they hold for themselves. Thus men attempt both consciously and unconsciously to fulfill their own prophecies. The data upon which this approach is based is primarily of an interpretive nature. It briefly explores how individual scholars have impl,icitly assumed the idea of the self-fulfilling prophecy in the course of their writing. Most historians unconsciously utilize the concept without identifying or recognizing it as a specific behavioral function of men, and their activities, in general. Further, the essay investigates the idea of national character and social myth as factors which the self-fulfilling prophecy both contributes to and is dependent upon. Neo-synthecism, while not a total explanation of the ’'why" of history does help to account for some of its "mysteries." It can, for instance, through the behavioral approach, help to explain the role of the irrational as a causative historical factor. It also helps to explain the mechanisms which prompt men to revolutionary action. Thus it can penetrate the background of historical events more fully. At the same time it provides the historian with a new instrument for understanding the future as well as the past. That is, in explaining one of the mechanisms whereby men control and modify events to suit their own beliefs, it enables historians to understand why particular expectations can or cannot be fulfilled. In one sense then the historian looks back from the "future" into the past and predicts the predominance of one historical event over another. Neo-synthecism, however, is a theory based upon suspended judgment. It holds its interpretation in abeyance of the future’s verdict and is instructed by events.

The evolution of the birth control movement in the United States is the focus of this dissertation. The period of emphasis is 1873 to the present, though earlier history is briefly dealt with. The research method used was an extensive library search of the literature, followed by categorization and analysis of the data. The birth control movement was found to adapt to the sociological model of social movements and was discussed within this context. Two parallel movements were found to be of importance: the birth control movement itself and the population control movement. The orientations and relationships between these two movements are analyzed, as is the effect on government and public attitudes. Other components of the birth control movement are also delineated and dealt with in this dissertation. These components include social and political attitudes, economic issues, the role of the judiciary, the religious influence, and the development of a funding base. The major findings of this research are related to birth control as a social movement. First, until the 1970s it was found that the birth control movement, advocating individual rights, held the dominant emphasis. However, it appears that the population control movement is gaining influence as public awareness and concern increases. This is due in part to the gradual institutionalization of the birth control movement, that is, it has been absorbed into the societal structure as a necessary and functional part of society. Second, is the transition of birth control from the shadow of illegality it experienced at the turn of the century to the legal and respectable position of the 1970s. Third, the research also revealed the pattern of change regarding federal funding. This pattern indicated essentially no federal funds before the 1960s, a sharp increase and plateau during that decade, and finally decline in funds in the 1970s. The major conclusion of this thesis is that the birth control movement has been a dynamic and important part of the twentieth century. It has had a notable impact on this society and it portends more social change and impact for the future.

The position of California in the years 1846-1850 was different from that of any other portion of the country; she did not become a state until 1850, and she as not even a territory. Though she was in the military possession of the United States, the ownership was not legal until the Treaty of Guadealoupe Hidalgo, February 2, 1848. The military governors in California could do little without specific orders from Washington, but it was obvious that the confusion caused by the gold rush was hastening the end ot the inefficient mexican laws. By 1849, daily increasing crowds of foreigners, in the mines and in San Francisco, necessitated some sort of civil government. The military governors waited for directions from Washington with growing anxiety, while the miners developed their own government, usually the lynch law. Meanwhile, in Congress, the admission of California into the Union had become entangled with the slavery issue; the north and south had an equal number of states represented in Congress, and the southern men feared California would never be a slave state. Since the complete of the construction of the state capitol in Sacramento is a long and tedious one, this chapter will give only a survey of events up to its final completion. On February 27, 1863, the Senate, after much harangue, passed a vote of 22 to 9 a bill to provide a special fund, by taxation, to complete work on the capitol. The bill passed the Assembly on March 17, and on April 9, the Assembly passed another Senate appropriation bill.29 In December of the same year, Governor Leland Stanford, in his message, emphasized the necessity for finishing the building as soon as possible, which could not be done in a pay-as-you go method heretofore employed.30 Work has been resumed on the building in June, 1863, and by the beginning of 1866, the interior work was being done. On January 1, 1866, Reuben Clark was judged insane and sent to the state asylum in Stockton, and was succeeded by Gordon P. Cummings. At last, in 1869, the building was ready. To study the history of the seat of government of this state is to become familiar with the bickerings, delays, corruption, pettiness, greed, and frailties of republicanism at work. Yet the history of the government of California is at the same time a marvelous example of the opportunities, ideals, and accomplishments of democracy in action, building a mighty state. Those who read in this history inefficiency, confusion, blunders, and waster should not overlook that the cornerstone of the structure is belief that each individual has the right to his share in the development of his institutions. Such has always been the characteristic of california--and such the characteristic of the nation she helped to build

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"Spirited Enterprises: Venezuela, the United States, and the Independence of Spanish America, 1789-1823," argues that economic interests caused merchants and politicians in the United States to withhold diplomatic recognition from Spanish America's struggling revolutionary governments after 1810. It demonstrates how traditional interpretations of early U.S.-Latin American relations---based on ideological and diplomatic sources---fail to account for a highly important and influential decade of trans-Atlantic trade between the United States and the Spanish Empire during the tumultuous Age of Revolution.;This dissertation focuses on a case study of the multi-lateral trade and commercial networks that flourished between the United States and the Spanish colonial provinces of Venezuela, especially during and immediately after the crucial era of comercio neutral (neutral trade) between 1797 and 1808. It argues that trade between late-colonial Venezuela. and the United States was a forge of transcultural relations, and explores how commercial networks of traders, government officials, and diplomats influenced the decisions of policymakers in both regions.;U.S. merchants and traders helped sustain Spanish imperial commercial networks in Venezuela and the Spanish Caribbean. Shipping foodstuffs, arms, re-exported European manufactures, and slaves to the Spanish colonies were profitable enterprises for neutral U.S. traders. Through private negotiations and even Spanish-government contracts, partnerships between Venezuelan and U.S. merchants provided the shipping tonnage and merchandise that Spanish officials and colonial elites needed most to maintain their rule and to fend off the challenges of economic and environmental crises, slave conspiracies, and revolutionary plots before 1810.;Using period newspapers and books, mercantile correspondence, Spanish imperial archives, and the colonial records of the Caracas City Council, Consulado, and Venezuelan Intendancy, this dissertation highlights the enterprises of those who profited from sustaining the Spanish Empire in its frail and debilitated state. Whether they had prospered from or merely survived the commercial revolutions that shook the Atlantic World after 1789, all merchants and traders calculated the economic consequences of South American independence and encouraged their contemporaries to do so too.

This study reevaluates the significance of the Ainu in U.S.-Japan relations. Specifically, the study emphasizes a trilateral configuration of relations among the Japanese, Americans, and the Ainu in Hokkaido, the northern island of Japan, in the period since the middle of the nineteenth century. By analyzing a wide range of documentary, visual, and material sources available in the United States and Japan, the study discusses specific connections that existed between the Ainu, Americans, and the Japanese in the nineteenth and twentieth centuries. Some were direct encounters. Other forms of relationship involved indirect connections. These encounters affected the social and historical consciousness of the Japanese and Americans in the past and which continue to do so today.;By reclaiming the presence of the Ainu in the vision of the past, this dissertation enlarges the terrain of the intercultural history of the United States and Japan. It recognizes the Ainu as a significant third party in third history of U.S.-Japan relations and questions the conventional historical framework used in the understanding of the U.S.-Japan relationship, a framework which has marginalized and even excluded the Ainu. By inserting the Ainu into our constructions of past and present human relationships in Hokkaido, the dissertation complicate and problematizes the very framework of the conventional understanding of the relationship between the two nations by pointing to the integral role the Ainu have continuously played on the various stages of cultural interaction in the northern island of Japan.

This dissertation is a study of the influence of the women's movement on the marketing of beauty products between 1960 and 2000. The first and last chapters study feminist critiques of normative beauty standards and explore the challenges feminists faced when they tried to effect cultural change.;While the dissertation is framed by analysis of feminist engagement with beauty culture, the bulk of the dissertation examines beauty industries, focusing on the ways that these industries reflect debates over woman's identity and status. Chapter two traces the marketing of perfume between 1960 and 2000 by chronicling changing advertising campaigns as marketers adapted to and participated in social change. The third chapter explores the direct sales strategies of Mary Kay Cosmetics, a company dependent on independent consultants, typically women, to market its products. Finally, chapter four details the genre of beauty advice books and articles, focusing on how the tone and content of this advice has been shaped by the social world of the advisor. By looking specifically at these beauty industries, these chapters demonstrate the ways that ordinary Americans engaged with feminism in their professional lives.;These case studies illuminate late-twentieth-century debates over womanhood, sexuality, and femininity that took place within the business world and the culture at large. Ultimately, this dissertation offers a clearer picture of the interconnections between beauty marketing and feminism, highlighting the ways in which social movements affect the industries they critique.