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

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Unformatted text preview: 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??...
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This note was uploaded on 02/06/2012 for the course POLISCI 106 taught by Professor Levine during the Fall '07 term at Rutgers.

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

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