Suppose the Supreme Court decides a case, as it did in Plessy v. Ferguson, that reverses Brown v. Board and holds that racially segregated public institutions are not unconstitutional. Now suppose further that Congress passes a law (over the President's veto) that requires public buildings and public facilities to be segregated by race.
The President issues a statement declaring that he disagrees with the Supreme Court's interpretation of the Equal Protection Clause and declares that he will not enforce the segregation law because he believes it is unconstitutional.
Is it proper for the President to follow his interpretation (as opposed to the Court's interpretation) of the Constitution when carrying out his power to "take care that the Laws be faithfully executed" and his oath to "preserve, protect and defend the Constitution of the United States."
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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