As we conclude our discussion of the Lochner era, let me ask you to think about this.
If proponents of a "common law," judge-made, Living Constitution are correct, what would you think about a 6 to 3 conservative Court practicing living constitutionalism?
Which conservative policy positions might be constitutionalized and imposed on Congress and on all 50 states by an activist Court interpreting the Constitution based upon what conservatives think it ought to be? Economic policies, tax policies, immigration policies, environmental policies?
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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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