Unformatted text preview: f race, and over the many decades of its existence, race has continued to be its focus. Among other things, the clause confers upon the judiciary responsibility for reining in the political branches and the majorities they represent when they move toward racial division. It is established that the Supreme Court owes no deference to legislatures or other lawmaking authorities when it reviews racially discriminatory laws. It owes even less deference to public support for such laws. Deference would be inconsistent with the strong presumption against racially discriminatory laws. EVEN IN WARTIME, CIVIL RIGHTS MUST BE PROTECTED TO SECURE AGAINST ANARCHY AND DESPOTISM David Davis, Associate Justice on the United States Supreme Court, EX PARTE MILLIGAN (Citation: 71 U.S. 2), 1866, www.findlaw.com, Access date: Dec. 17, 2002 The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false, for the government, within the Constitution, has all the powers granted to it which are necessary to preserve its existence, as has been happily proved by the result of the great effort to throw off its just authority. SLHS Value File Federalism
FEDERALISM BAD Joshua Sarnoff, Associate, Morgan, Lewis & Bockius, LLP; Assistant Professor of Law, University of Arizona; Arizona Law Review, 1997 First, federal bureaucratic regulation may be more efficient and may result in greater resource savings. The federal government may obtain economies of scale by avoiding the repetitive costs incurred by states in research, standard setting, control-measure selection, implementation, and enforcement. Federal bureaucracies may be more able than states to de...
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This document was uploaded on 11/20/2013.
- Fall '13