Word: prior
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Dates: during 1980-1989
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...area of sharp scrutiny was the respect Bork would give to prior decisions with which he disagreed. Under questioning from Committee Chairman Joseph Biden, Bork tried to lay to rest fears that he would seek to overturn liberal court decisions. Said he: "A judge must give great respect to precedent." In his previous writings, he has said that the court should be careful about reversing decisions when that would disrupt large bodies of established laws and practices. The cases he usually cited involved decisions relating to interstate commerce, but last week he declared this view would apply to First Amendment...
Although the two squads have not played each other since 1971, a 17-7 Harvard victory in Joe Restic's first as head coach, they are familiar preseason foes. In the eight years prior to this one, Harvard and Northeastern have squared off in preseason contests. Two years ago, Harvard won. Last year, Northeastern finished...
Harvard failed to score a point in its seven prior serves, and it only scored twice more during its next 11 serves...
...PROBLEM is that Bork's America is an unprincipled polity, in which morality is what the majority says it is and individuals have no prior claim to rights against the state. His philosophy is informed by an astounding moral skepticism alien to American tradition and the way most Americans think about politics. To him, people only have "gratifications", "interests" and "preferences". "Every clash between a minority's freedom and a majority claiming power to regulate involved a choice between the gratification's of the two groups" and "there is no principled way to decide that one man's gratifications...
...revelation eventually resulted in Bork's famous 1971 Indiana Law Journal article repudiating his prior attempts to find unwritten protections in the Constitution. In its place was Bork's version of what academics call interpretivism, or intentionalism. Unless the Constitution clearly specifies the protection of a core value, Bork wrote, "there is no principled way to prefer any claimed human value to any other." Only the "original intent" of the Constitution's framers should be used by judges in finding constitutionally protected values, he declared...