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Author Topic: Post Your Interesting News Articles Here  (Read 254400 times)

Miss P

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Re: Post Your Interesting News Articles Here
« Reply #5590 on: September 13, 2008, 03:26:44 PM »
Exactly.  Anything said by the Supreme Court and not explicitly written in the Constitution can be modified/overturned with 5 votes.  So enough with this "it wouldn't be constitutional" BS.

You should note that I also said it raised procedural due process (that's the 14th Am. too!) concerns.  A "state" has "deprived" her of a "liberty" without "due process of law."  The standards are erected in the caselaw, but I think most would agree that making this important decision without standards or offering the defendant any opportunity to be heard on the issue would fail to meet minimal expectations of due process.

You also didn't answer my implicit question: do you believe the constitution includes a fundamental right to vote?

I didn't realize you were such a textualist, Alci.  Or are you making an extremely orthodox legal realist argument that I am misunderstanding?
That's cool how you referenced a case.

Quote from: archival
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Miss P

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Re: Post Your Interesting News Articles Here
« Reply #5591 on: September 13, 2008, 04:11:26 PM »
Yeah more legal realism than textualism.  I'm not saying that anything not explicitly written in the Constitution should be held to be constitutional.  I'm just saying that it's fairly easy for SCOTUS to reverse itself, esp. if there's nothing explicit in the Constitution to stop them.

Fair enough.  I think most legal realists would say that people's expectations are shaped by the law as it is described and announced and it's pretty fair for the defendant in this case to claim that her rights have been violated until SCOTUS defines those results differently.  Perhaps she should also look at the makeup of the Court to try to divine what [its! its!] future positions might be, but that's a lot to ask of ordinary citizens.  (Or of me, for that matter.  I have a hard time believing that Kennedy, for instance, with his expansive view of substantive DP and his Catholicism, would object to the characterization of reproduction as a fundamental right, and Alito's and Roberts' firm statements on the importance of stare decisis indicate that they might vote with the liberals on this as well.)

Is there a fundamental right to vote?  See convicted felons in some states.

That was my point exactly.  I didn't know where you stood on this.  SCOTUS has, a few times, referred to voting as our most fundamental right (the one that guarantees all others), and yet there is no such right written in the Constitution.  I just wanted to see if you were being consistent or if yours was merely a dim view of substantive due process.

EDIT as indicated
That's cool how you referenced a case.

Quote from: archival
I'm so far from the end of my tether right now that I reckon I could knit myself some socks with the slack.

Kirk Lazarus

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Re: Post Your Interesting News Articles Here
« Reply #5592 on: September 13, 2008, 04:18:08 PM »
Constitutional concerns aside, such a ruling induces the woman to simply have an abortion if she gets pregnant. I'm not so sure if that's a desirable policy outcome even if it is to the alternative of placing a kid in foster care.
YLS c/o 2009

jarhead

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Re: Post Your Interesting News Articles Here
« Reply #5593 on: September 13, 2008, 07:08:45 PM »
i hated conlaw  ;D...that is all
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Eugene Young

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Re: Post Your Interesting News Articles Here
« Reply #5594 on: September 14, 2008, 10:43:32 AM »
i hated conlaw  ;D...that is all

to jarhead - where you been, fam?

Legal Practice

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By NOAH FELDMAN
Published: September 13, 2008

To teach constitutional law, you need a vision about where our country has been and where we need to go in the future. You must be able to confront our darkest moments — slavery, segregation, forced sterilization — while preserving your optimism about the moments when we have expanded rights and liberties and lived up to our aspirations.

Students push you to defend what you believe, and you had better be ready to acknowledge your contradictions, and even your mistakes. As a law professor, your goal is not to lecture, but to elicit from students their deepest intuitions about their own values, and to show them how to frame arguments for what they believe. And you must know the law. The students are smart and engaged, and they don’t miss a trick. There’s no room for vagueness or imprecision.

Constitutional law demands that you understand the delicate balance between the president, Congress and the Supreme Court. Most presidents, regardless of party, want to maximize their own authority, but the teacher of constitutional law knows that when presidents overstep, the court slaps them back.

Individual rights loom large in our Constitution. As a professor, you know that presidents should resist restricting liberty. However, you also know that Lincoln suspended habeas corpus and Franklin D. Roosevelt interned Japanese-Americans. Best of all, with your 20/20 hindsight and your bully pulpit, you can righteously stand in judgment of mistakes made by presidents in our national experiment.

What a teacher of constitutional law never has to do is put theory into practice — which is probably why even the best of us can be astonishingly idealistic. The only president to come from full-time employment in our profession, Woodrow Wilson, tried to make over the world in the image of our constitutional democracy. Our part-timer, Bill Clinton, was ready to make compromises to get the job done.

— NOAH FELDMAN, a professor of constitutional law at Harvard


jarhead

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Re: Post Your Interesting News Articles Here
« Reply #5595 on: September 14, 2008, 11:27:00 AM »
i hated conlaw  ;D...that is all

to jarhead - where you been, fam?

Legal Practice

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Article Tools Sponsored By
By NOAH FELDMAN
Published: September 13, 2008

To teach constitutional law, you need a vision about where our country has been and where we need to go in the future. You must be able to confront our darkest moments — slavery, segregation, forced sterilization — while preserving your optimism about the moments when we have expanded rights and liberties and lived up to our aspirations.

Students push you to defend what you believe, and you had better be ready to acknowledge your contradictions, and even your mistakes. As a law professor, your goal is not to lecture, but to elicit from students their deepest intuitions about their own values, and to show them how to frame arguments for what they believe. And you must know the law. The students are smart and engaged, and they don’t miss a trick. There’s no room for vagueness or imprecision.

Constitutional law demands that you understand the delicate balance between the president, Congress and the Supreme Court. Most presidents, regardless of party, want to maximize their own authority, but the teacher of constitutional law knows that when presidents overstep, the court slaps them back.

Individual rights loom large in our Constitution. As a professor, you know that presidents should resist restricting liberty. However, you also know that Lincoln suspended habeas corpus and Franklin D. Roosevelt interned Japanese-Americans. Best of all, with your 20/20 hindsight and your bully pulpit, you can righteously stand in judgment of mistakes made by presidents in our national experiment.

What a teacher of constitutional law never has to do is put theory into practice — which is probably why even the best of us can be astonishingly idealistic. The only president to come from full-time employment in our profession, Woodrow Wilson, tried to make over the world in the image of our constitutional democracy. Our part-timer, Bill Clinton, was ready to make compromises to get the job done.

— NOAH FELDMAN, a professor of constitutional law at Harvard





been around, my gf finally moved to NY so I don't have as much down time as I used to and I was getting my law school on
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cui bono?

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Re: Post Your Interesting News Articles Here
« Reply #5596 on: September 16, 2008, 01:27:10 PM »
jarhead!    ;D :-*
I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality...  I believe that unarmed truth and unconditional love will have the final word - -Rev. Dr. Martin Luther King

naturallybeyoutiful

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Re: Post Your Interesting News Articles Here
« Reply #5597 on: September 16, 2008, 03:53:43 PM »
Wow!  Yeah, you have been gone a minute, Jarhead!  Welcome back.
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jarhead

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Re: Post Your Interesting News Articles Here
« Reply #5598 on: September 16, 2008, 05:20:34 PM »
thanks, a n is mad busy now, 2L sucks by the way i dont have any motivation to do nothin'
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naturallybeyoutiful

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Re: Post Your Interesting News Articles Here
« Reply #5599 on: September 17, 2008, 01:26:43 AM »
I understand.  How I managed to fall behind  in my reading during week two is beyond me!!!   :P  I have got to get my life together!!!
Harvard Law: What, like it's hard?