Word: protectedness
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Dates: during 1980-1989
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He now avers that more than just "explicitly political speech" is protected by the First Amendment (though the reasoning and interpretive methods he used in reaching that conclusion again were wholly inconsistent with his stated judicial philosophy.)
The 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...
With typically provocative rhetoric, Bork used the article to single out a number of decisions as "unprincipled." Among them: the 1965 Supreme Court ruling that enunciated the right to privacy in overturning a Connecticut ban on contraceptives, and the Warren Court's series of one-man, one-vote pronouncements. Bork...
Although Tehran threatened to include reflagged Kuwaiti ships in its attacks, two U.S.-protected convoys made their way through the gulf unmolested while the new tanker war raged around them. As they proceeded, yet another flotilla of U.S. warships sailed into the Gulf of Oman. The arrival of the battleship...
Elsewhere in the gulf the U.S. Navy was belatedly engaged in a similar operation, its first serious minesweeping attempt since the U.S. stepped up its military role in the area late last spring. After a convoy of three reflagged Kuwaiti oil tankers and three U.S. warships began to make its...