Civil Liberties - Civil Liberties: Legal Essentialism:...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Civil Liberties: Legal Essentialism: qualities like constitutionally and unconstitutionality are essential things. Are the properties of legal predicates essential or conferred? What Marshall is suggesting is that a law that is unconstitutional cannot become the law of the land. Example: Capital punishment, if it is C then UC then C then UC. Then is it constitutional? Depending on the time so the court confers its constitutionality, but if you believe it is “cruel and unusual punishment” then you believe that 2 courts who said C made mistakes in interpreting the law of the land. Judicial Review is arbiter dictum (Outside Reasoning): Not directly called for in the case but it was the end result, they looked at A13. Who Prevails? Do Republicans prevail because they won or do Federalists prevail because they now control the supreme court Jurisprudence: What the judges do and what is law. Descriptive claims a Normative claims (what ought to be the case)
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 01/27/2010 for the course POLITICS V53.0332-0 taught by Professor Rajsingh during the Spring '10 term at NYU.

Page1 / 3

Civil Liberties - Civil Liberties: Legal Essentialism:...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online