We hear a lot about the Rule of Law these days. But this is a term many in the legal profession use without first clearly defining it.
What is the Rule of Law? What is the difference between Lex Rex and Rex Lex? [The law is king vs. the king is law--the Rule of Law vs. the Law of Rulers or the Rule of Man]
Is the Supreme Court bound by the Rule of Law? Or is the Court, literally, "the law" no matter what it rules?
Lex Rex or SCOTUS Lex?
Was the Court's SDP decree in Dred Scott a part of the legitimate the Rule of Law? What was President Lincoln's view about Dred Scott as legitimate law?
What about Lochner? Griswold? Roe v. Wade? Obergefell?
What are your thoughts about whether the Rule of Law is binding on SCOTUS? Or is SCOTUS the law?
-
I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
-
Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
-
Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
No comments:
Post a Comment