Doc 2 - 1st week Lecture Notes

Doc 2 - 1st week Lecture Notes - Wednesday, January 16,...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Wednesday, January 16, 2008 For Friday, read King, “Letter From a Birmingham Jail” Rehnquist 1976 - Opposed to “living Constitution”; in favor of meaning and intent - Congress’s job to adapt - History shows consequences of values method o Dred Scott, Lochner o vs. Plessy Miller - Democracy = Constitution, not private morality Rehnquist agreed w/ the first one…the constitution is living in the sense that we continue to have a country (not a full argument)…the constitution is there…we’re living by the constitution. Rehnquist thesis is at the end, bottom left column, pg. 41 We are asking a great deal of the Court because other branches of government have abdicated their responsibility. . . Prisoners are like other “discrete and insular” minorities for whom the Court must spread its protective umbrella because no other branch of government will do so, . . . This Court, as the voice and conscience of contemporary society, as the measure of the modern conception of human dignity, must declare that the [named prison] and all it represents offends the Constitution of the United… (pg. 37 – bottom right column) Rehnquist cuts out basic to defend prisoners
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/09/2008 for the course DOC 2 taught by Professor Wimberley during the Winter '08 term at UCSD.

Page1 / 2

Doc 2 - 1st week Lecture Notes - Wednesday, January 16,...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online