{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

J- march 7 - March 7 2011 A-Law and politics in the news 1...

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

View Full Document Right Arrow Icon
March 7, 2011 A-Law and politics in the news 1- Snyder v. Phelps 2011 a. Westboro Baptist Church –shitty people a.i. Protest at the funerals of dead solders a.ii. Soldiers being killed = God punishing America for tolerating gay people b. Government can only regulate the “time, place, and manner” of protests, not the content Westboro Baptist Church wasn’t breaking any laws B-Judicial Activism and the Supreme Court 1- Most definitions are subjective (principle #4) a. Disentangle activism/restraint dimension from more and less persuasive legal reasoning 2- Our definition: Federal courts are activist when they overturn acts of state legislatures and Congress (principle #1) a. Activism: consistent willingness to scrutinize and overturn acts of democratically elected branches b. Restraint: reluctance to scrutinize and overturn 3- Democracy is majoritarianism subjected to some limits a. Majorities do bad things sometimes, and we want an independent arbiter to more objectively assess a rights violation claim by the majority b. Sometimes we don’t want majorities to govern c. “There are certain foundational rights that we all enjoy independent of what a majority might want to do with them” c.i. Idea that we are going to limit what majorities do d. *problem for judicial restraint view is, when do minorities get to trump a majority 4- Which minorities get to trump the majority a. Westboro Baptist church case a.i. Very extreme minority, trumping the will of the majority b. When does a minority population get to trump the majority??
Image of page 1

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

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

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern