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Unformatted text preview: Bingham, leaders of the radical Republicans in Congress, would have thought any portion of the Civil War Amendments, except section five of the fourteenth amendment, 5 was designed to solve problems that society might confront a century later. I think they would have said that those amendments were designed to prevent from ever recurring abuses in which the states had engaged prior to that time. Pg.39 right column For Tribe & Dorfs perspective (paper):-Must address question of democratic legitimacy-9 th amendment interpret as interpretation-Strict-constructionist stays silent on 9 th amendment Tribe and Dorf value precendent more than Rehnquist does....
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- Winter '08