Graduation Year

2025

Date of Submission

12-2024

Document Type

Open Access Senior Thesis

Degree Name

Bachelor of Arts

Department

Philosophy, Politics, and Economics (PPE)

Second Department

Government

Reader 1

Jon Shields

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Rights Information

© 2024 Bradley Kwon

Abstract

This thesis examines the balance between federal authority and individual liberties within the framework of American federalism, using the Lacey Act as a case study. Enacted in 1900 to regulate wildlife trafficking, the Lacey Act has undergone significant amendments that expanded federal authority and reshaped the balance of power between state governments and individual rights. By integrating theoretical insights from scholars such as Martha Derthick and Dennis LaGory, this thesis explores the federal government’s transition from a cooperative model to a coercive one, particularly during the Rights Revolution of the 1960s. The analysis highlights the legislative history of the Lacey Act, including critical amendments in 1969 and 1981, which extended federal control to previously state-level domains. These regulatory expansions were situated within large social movements to achieve national goals, including protecting the civil rights of African Americans and encouraging environmental conservation. An application of Derthick’s theoretical framework to the Lacey Act and its legislative history reveals that while the Lacey Act serves vital wildlife-management goals, it undermines localized governance and personal liberties. The paradox that Derthick uncovers, wherein the fight of individual rights during the 1960s effectively expanded a federal apparatus that compromised the autonomy of states and their citizens, is exemplified by the Lacey Act. This thesis further examines the ways in which this paradox manifests in the priorities of reptile keepers, whose livelihoods and personal liberties have been disproportionately affected by the Act’s regulatory reach. By analyzing the Lacey Act’s legislative evolution and its impact on individual freedoms, this study demonstrates that federal policies often prioritize national objectives at the expense of localized decision-making and personal autonomy. This insight underscores a broader challenge within the American federal system: achieving a balance between safeguarding collective interests, such as environmental conservation, and preserving the foundational liberties enshrined in the Constitution. Ultimately, this thesis argues that the Lacey Act serves as a case study of federal overreach, providing a critical lens through which to evaluate the intersection of individual rights and federal authority in contemporary policy making.

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