Doc 2 - 1st week Lecture Notes

Doc 2 - 1st week Lecture Notes - Wednesday For Friday read...

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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 -
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  • Winter '08
  • Wimberley
  • Supreme Court of the United States, Fourteenth Amendment to the United States Constitution, REHNQUIST, Constitution Tribe

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