2/25/08 - Assume a general social acceptance Generalize...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
DOC 2 – 1/16/08 Rehnquist 1976 Opposed to “living constitution”, in favor of meaning and intent Congress’s job to adapt History shows consequences of values method Democracy = constitution, not private morality Rehnquist goes through and demolishes his opponents arguments then puts his thesis at the end Judiciary shouldn’t have to adapt Flexibility was intended to be in the legislature by the framers Rehnquist close’s with his strongest argument
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Assume a general social acceptance Generalize moral rightness or goodness Judges cant act as private citizens Judges must refrain from moral reasoning and must stick to legal reasoning o Otherwise the result is undemocratic Argument about what court should do, not how it should check congress Not up to judiciary to check something unless it is unconstitutional Tribe Opposite of Rehnquist...
View Full Document

{[ snackBarMessage ]}

Ask a homework question - tutors are online