LEGALST 39D Lecture Notes - Lecture 2: Protected Group, Intermediate Scrutiny, Suspect Classification
12 Sep 2016
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If you have a dispute, you go to the courts, not the legislature or the president! Marshall"s theory: courts decide what law applies, hence can interpret the. The next time sc overturned legislature was in dred scott. Jr has not really been challenged: bush v. gore decision was accepted. Two theories of interpreting constitution (1) originalist (servants to framers) (2) pragmatist (partners to framers): consider the effect of decision on today"s society. There are principals/ concepts behind rules/ need to dig deeper (ex. no dogs allowed) Time of framers: important speech was political speech: brits used to jail you if you pronounced political speech. Principal: speech as communication of ideas (not just sounds you make with your mouth) Originalism: (thomas/ scalia): c creates enduring theories of rights to be protected the idea/ concept still adhere to the original intent of the framers. Facts: evidence used against defendants to convict them was challenged as violation of the fourth amendment.
