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There are zones of privacy but no right to privacyDegree to which government can keep track of what you are doingBig in abortion and surveillance debates10th amendmentPowers that aren’t listed are reserved for the statesOnly 18 things are specifically directed to congressConservativeLaws related to anything besides 18 things in constitution then the states should decide them themselvesNational government should only pass laws given to themLiberalDon’t feel boxed in by 10th amendment because founders didn’t understand the current radical timesWant ability to pass laws that aren’t named in the constitutionJudicial ReviewSupreme court authority to have a final say on what the constitution meansAn unpopular decision--right to burn the flag for free speechHow do you overcome this? (3 ways)
Incredibly hard to get an amendment passed2/3 vote in the house—flag burning has passed in the house 3 times but never further2/3 vote in the senate¾ of the statesLower the voting age from 21 to 18 is a recent amendment—overwhelmingly popular ideaCreative approachesTrivial exampleLouisiana had a flag burning law and it was struck down and went to supreme courtLouisiana changed its state law if you attack someone then its like a parking ticketTrying to get around supreme court law that isn’t quite constitutional having same effect as flag burning lawFDR’s court packing planCountry was in horrible economic shapePlan was more federal government spending, government programs, higher taxes, growing country out of depression by more spending than had ever been doneProblem for his first 5 years was that there was a conservative supreme court that blocked almost all his programs, someone who would lose money from that program would sue and say the federal government cant create that law and conservatives would agree with plaintiff and say its up to states to decide that (10th Amendment)Went on radio and gave a fireside chat and told public that he is concerned about aging supreme court justices so he proposed congress to create associate junior supreme court justices and they would get a voteMessage was that conservatives were making him mad and if they don’t back up then the most liberal people in America will be junior justicesConstitution doesn’t say how many supreme court justices there should be2 conservatives took liberal point of view for the next cases that went to supreme courtAfter radio address every conservative left, and FDR got to replace all 6 of them the normal wayBy the end of his office 8 out of the 9 were liberal and he kept 1 conservativeFrom 40’s-70’s there was a consistent liberal balance on supreme court
Presidents target small to midsize states because of the 10-20 electoral votes, makes