Constitutional Law Review

Constitutional Law Review - Constitutional Law Review Swann...

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

View Full Document Right Arrow Icon
Swann and Positive Constitutionalism o Swann changes subject from making equality to undoing active segregation o Milliken is just another example of this o Neg. Con. Restrictions on Gov’t. i.e. Rights Limit Gov’t. Only Gov’t. can violate Constitution Swann decision does this o Pos. Con. (Ends Oriented) Create social affairs Equal Edu. Opportunity as Social K decision of Swann as bad understanding of Constitution Right to Privacy o Lawrence Question? YES o Goodrich Question? NO o Defense of Marriage Act? NO Lemon Test o Van Orden v. Perry only time Crt. Against 1 st Lemon Test Not a clear cut violation of Lemon Test Breyer says Borderline Case o Other Lemons have been violated Moose Lodge o With Shelly v. Kramer Don’t Cancel or Impact State Gov’t. Regulation Moose Lodge was Regulating Discrim … not State (right) Shelly was State Enforcing … but that’s not OK (left) Wallace o
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 04/07/2008 for the course POLS 30060 taught by Professor Barber during the Spring '07 term at Notre Dame.

Page1 / 3

Constitutional Law Review - Constitutional Law Review Swann...

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