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Amar, who has taught at all four law schools in the University of California system, says America has always struggled with the seemingly conflicting ideas about the sanctity of basic rights like those in the Bill of Rights and ability of the majority to take them away. "It strikes us as strange the notion that minorities should have to depend on a majority to confer something we think of as a right," Amar says. "But the idea of popular sovereignty, which is another way of saying majority rule, means just that. We can make sure that majorities are reflective, deliberative...

Author: /time Magazine | Title: Jerry Brown Reverses Course on Gay Marriage | 12/23/2008 | See Source »

When the California Supreme Court issued its decision legalizing gay marriage in May, it declared that ""The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of the majorities and officials and to establish them as legal principles to be applied by the courts." Brown has apparently now taken that as a touchstone, arguing that some rights cannot be taken away by the majority, absent special circumstances. "The Declaration of rights in Article I gives certain rights a privileged status," Brown told TIME. "Those rights...

Author: /time Magazine | Title: Jerry Brown Reverses Course on Gay Marriage | 12/23/2008 | See Source »

...still unclear whether the Democrats have enough votes to pass the bill, even with a majority of 58 - or 59 if they win the last undecided Senate race in Minnesota. Democrats will need 60 votes to overcome what is sure to be a GOP filibuster of the measure and only one Republican supported it in a previous vote, Pennsylvania's Arlen Specter. Nor is it certain that all of the incoming Democratic senators - many of them more moderate and business friendly, such as Virginia's Mark Warner, Tom and Mark Udall (cousins from New Mexico and Colorado) and Alaska...

Author: /time Magazine | Title: Will Obama Deliver for Organized Labor? | 12/22/2008 | See Source »

...difficult if not impossible to duplicate elsewhere, especially on a large scale. Investment in the town's projects - paid for by local tax revenues, private investors and the prefectural and central governments - totals $50 million. That's about $6,000 per resident, an amount that would pay the electricity bill for an average Tokyo family of four for more than seven years...

Author: /time Magazine | Title: A Japanese Town That Kicked the Oil Habit | 12/22/2008 | See Source »

Could an old triumph be coming back to haunt the Clintonites who are joining President-elect Barack Obama's staff? If there's one foreign policy achievement that Clintonites are proud of, it's Bosnia. Some 13 years ago, during Bill Clinton's second term, a U.S.-led military intervention stopped the carnage in the former Yugoslav republic, followed by a peace deal forged by then Assistant Secretary of State Richard Holbrooke and signed in Dayton, Ohio. The deal, which carved Bosnia into two ethnically based statelets while retaining a weak common government, was so successful that vice-president-elect...

Author: /time Magazine | Title: Will Bosnia Test the Obama Administration? | 12/22/2008 | See Source »

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