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

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