Word: arguments
(lookup in dictionary)
(lookup stats)
Dates: during 1960-1969
Sort By: most recent first
(reverse)
...less predictable argument was advanced by retired Army General (and ex-Ambassador to France) James M. Gavin. In a letter to Harper's Magazine, Gavin volunteered his "military-technical" judgment that the U.S. should stop bombing North Viet Nam and limit its military commitment on the ground to holding several "enclaves on the coast." This strategy struck Pentagon officials as militarily unsound, because it would allow the Communists to build their forces virtually unhampered, and as politically naive, because the U.S. presence in South Viet Nam would thus resemble a colonialist role...
Arbitrary & Capricious. "We do not come here to challenge the purpose of this act," said South Carolina's David W. Robinson II, 34, who, as special counsel for his state, opened the two-day argument. "We believe that every citizen, white and black, has the right to vote under reasonable state regulation. And we believe the Congress has a duty to enforce that right." Nonetheless, he contended, "the Constitution, as originally drawn, never gave Congress the power to do away with valid voting regulations," while the 15th Amendment, on which the Voting Rights Act is based, "gives Congress...
There are two ways to refute this position. Levinson chooses the argument from reality: whatever the philosophical objections to reason, it still plays a role--though admittedly a limited one--in human affairs. Holmes over-reacted to the naive beliefs in REASON and TRUTH of his opponents on the Court, and went to the other extreme in denying any corrective powers to the Court. Levinson argues that the Court might bring some reason to bear in bolstering democratic values against the attack of a faint-hearted public, preserving the "rule of law," and protecting long-range values when other branches...
...primary argument with the article as a whole is its relative treatment of Holmes and Frankfurter. Holmes is attacked with vigor; but Frankfurter gets a half-sympathetic treatment. This is difficult to understand. However questionable Holmes's reasoning, the results were liberal: he wanted to uphold progressive laws. Moreover he wanted to strike down more of the illiberal laws than anyone else on his court, with the possible exception of Brandeis. It is Frankfurter, on the other hand, who did the damage. He served in a period when upholding progressive economic laws was no longer a question, but upholding deprivations...
...article has some important ideas, as well as being rich in quotable phrases. To the argument that the authors of the fourteenth amendment did not intend for it to be used to equalize political districts, he presents considerable evidence that deference to the intentions of the framers of constitutional provisions would lead "not just to mal-apportioned legislatures, but to segregated schools, a revival of the Federal Sedition Act, and unfettered state control over speech, religion, press and assembly as well." He contends, in a bold generalization, that such deference is nothing more than an "Occidental variant of ancestor worship...