PSC 324 Lecture Notes - Lecture 22: Fourteenth Amendment To The United States Constitution, Eugene Dennis, Judicial Restraint
12 Sep 2018
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A new constitution for a new age: the lessen of the new deal was judicial restraint. Justice stone, justice jackson, and democracy reinforcing judicial activism. Justice black and the original bill of rights: the lessen of the new deal was judicial restraint. Justice stone in u. s. v. butler (1936) dissenting opinion. Only restraint is our self restraint and self respect. Congress has clear authority, have to exercise power with more restraint. U. s. v. carolene products (1938) majority opinion. Milk regulation by thinking milk for production and increases profit margins. Public health concern - exceeds the bounds of federal power. Congress ( should presume ) they are acting rationally. Rational basis we should uphold unless otherwise. Judicial restraint is the conclusion that fdr"s judges come to from the court"s constitutional history. Judicial restrain was a minority opinion prior to 1937, but becomes more heavily agreed with and known.
