In my dialogue with Bruce Ackerman, I will be arguing for the importance of focusing quite narrowly on the Constitution in 2020 -- the founding document as it is interpreted in courts. I will be urging that it is important to resist, on democratic grounds, the idea that the document should be interpreted to reflect the view of the extreme right-wing of the Republican Party. This idea, sometimes masquerading under the name of originalism or strict construction, represents a form of judicial hubris; it is bad history and bad law. It should be exposed and rejected as such.
For 2020, what should be asserted instead is a form of judicial minimalism, one that also gives the democratic process wide room to maneuver. The appropriate path is not charted by Roe v. Wade; it is charted instead by West Coast Hotel, upholding minimum wage legislation, and Katzenbach v. Morgan, allowing Congress to ban literacy tests.
Answer by Crissy1213 at 6:54 PM on Sep. 10, 2009
Answer by Crissy1213 at 6:57 PM on Sep. 10, 2009
Answer by PaceMyself at 7:12 PM on Sep. 10, 2009
YAY!!! you win!
Answer by Crissy1213 at 7:15 PM on Sep. 10, 2009
Answer by Crissy1213 at 7:18 PM on Sep. 10, 2009
What to you mean by your question? Us or USA? Why don't you post your cut/paste rampling's in your cafemom journal section.
Answer by Anonymous at 7:19 PM on Sep. 10, 2009
Answer by jesse123456 at 7:20 PM on Sep. 10, 2009
Answer by Crissy1213 at 7:21 PM on Sep. 10, 2009
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