Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 59
... Clause . Yet although it was probably the clause from which the framers of the Fourteenth Amendment expected most , it has to all intents and purposes been dead for a hundred years . In the Slaughter - House Cases , decided in 1873 , a ...
... Clause . Yet although it was probably the clause from which the framers of the Fourteenth Amendment expected most , it has to all intents and purposes been dead for a hundred years . In the Slaughter - House Cases , decided in 1873 , a ...
Page 120
... clause . Assume : ( 1 ) a specific aspect of the original meaning of the clause is that no state may discriminate on the basis of race ; and , ( 2 ) the most general aspect of the original meaning the broadest articulation of the most ...
... clause . Assume : ( 1 ) a specific aspect of the original meaning of the clause is that no state may discriminate on the basis of race ; and , ( 2 ) the most general aspect of the original meaning the broadest articulation of the most ...
Page 157
... clauses : If it violates any of the Framers ' particular objectives in enacting any particular clause , then it is unconstitutional ; if , however , she cannot point to a particular clause , she must let the legislative judgment stand ...
... clauses : If it violates any of the Framers ' particular objectives in enacting any particular clause , then it is unconstitutional ; if , however , she cannot point to a particular clause , she must let the legislative judgment stand ...
Contents
Part I | 1 |
The Relevance of Theory to Recent Events | 10 |
The Judicial Function and the Idea of Principled | 17 |
Copyright | |
34 other sections not shown
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Common terms and phrases
American approach to constitutional argues argument aspirations Bork Bork's Cass Sunstein choice claim clause conception Congress conservative consti constitutional adjudication constitutional interpretation constitutional law constitutional theory constitutionally Critical Legal Studies critique debate decisionmaking decisions democracy democratic dissenting doctrine due process economic equal protection equal protection clause federal feminist Fiss Fourteenth Amendment framers fundamental gender governmental HARV individual rights interpretivism issues John Hart Ely judges judicial review jurisprudence Justice Laurence Tribe Law School legislative legislature liberal liberty majoritarian majority meaning ment Michelman moral neutral nonoriginalist norm original intent original understanding originalist overruling particular Perry perspective political pragmatism pragmatist President principles problem Professor question racial ratified reason Rehnquist republican Richard Richard Posner role rules Scalia scholars sex discrimination social society stare decisis structure substantive Sunstein Supreme Court Suzanna Sherry theorists tion tional tradition Tushnet tutional United vote women YALE L.J.
References to this book
To Secure These Rights: The Declaration of Independence and Constitutional ... Scott Douglas Gerber No preview available - 1996 |