Doc 2 - 1st week Lecture Notes

Doc 2 - 1st week Lecture Notes - Bingham, leaders of the...

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Friday, January 18, 2008 For Wednesday read “Fundamental Ideas” by John Rawls Tribe & Dorf - Strict construction is incomplete guide - Need to read whole Constitution together o Ex: 14 th , 1 st , 3 rd , 4 th , *9 th * Amendments Tribe & Dorf say that Framers were silent on many issues…therefore we must fill in what’s missing. Strict Construction - Rehnquist - Constitution of detail Interpretivist - Tribe & Dorf - Living Constitution Hyper-integration Fallacy - Don’t fill in the ‘dots’ - Just reference the whole thing as an idea - Substantive due process - Bundle of fundamental rights protected by 14 th amendment Procedural due process - Have confident legal representation Procedural due process I greatly doubt that even men like Thad Stevens and John
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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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