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.
- Winter '08