2/25/08

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

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

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