Assuming that judicial review of democratically-enacted laws is here to stay–and one commentator refers to the doctrine of judicial review as “an irreversible reality of American law”–how are we to protect ourselves from an abuse of judicial review?
If the Court is our Guardian against Legislative Tyranny, who (or what) is our Guardian against Judicial Tyranny?
Does the fact that the Constitution is a written Constitution protect us, because the Court is bound by the Written Constitution? Does it depend upon whether the Court is faithful to the original meaning of the ratified text of the Constitution?
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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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