Word: constitutionalized
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Dates: during 1960-1969
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Confusing Answer. What will succeed Franco? Spaniards wish they knew. No one expects a return to civil war. "There are too many committed interests ready to stand in the way of radical upheaval," says a shrewd observer of the Spanish scene. But there is bound to be change; the mystery...
as a nation has inevitably cast federal courts as the prime interpreters of an ever-expanding U.S. Constitution. Many overruled state judges resent the trend; many overworked federal judges yearn to curb it. But now that almost every lawsuit is potentially a federal case, how can state courts regain their...
Needling Washington. Unlike most state courts, Traynor's is quite willing to reinterpret the federal Constitution when the U.S. Supreme Court appears slow to do so. Speaking for his court in 1948, for example, Traynor boldly ignored an 1883 Supreme Court ruling and tossed out California's antimiscegenation...
Such a contention has important implications. I accept governmental decisions--even those with which I disagree--because it is important to me to preserve the institutions which resolve disputes and protect my security, through procedures agreed to in a "social contract" or constitution. But to what extent will similar loyalties...
But because such a criticism relies on the assumption that "good guy" justices will inhabit the Court, I think a better criticism of Holmes would have gone in the other direction: take his philosophical skepticism to its conclusions and show how it conflicts with both social Darwinism and judicial restraint...