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Word: unlessness (lookup in dictionary) (lookup stats)
Dates: during 1980-1989
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Usage:

...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...

Author: /time Magazine | Title: A Long and Winding Odyssey | 9/21/1987 | See Source »

...nominating process; some 475 of 3,933 voting delegates to the 1984 Democratic Convention were members of the National Education Association or American Federation of Teachers. Both groups have been skeptical of such ideas for improving the quality of education as competency tests and merit pay for teachers unless teachers themselves exercise considerable control over whatever plans are adopted. Democrats tread cautiously in this area; they cannot afford either to antagonize the unions or to expose themselves to the charges of catering to special interests that were hurled with such devastating effect at Walter Mondale...

Author: /time Magazine | Title: Campaign Issues Testing Ideas on Education | 9/21/1987 | See Source »

...fault the President for trying to depict Bork as a centrist. Bruce Fein, a conservative legal scholar and former Reagan Justice Department official, gives the Administration's strategy an A-plus for "ineptitude and cuteness." Contends Fein: "It's counterproductive because in the long run jurisprudence won't change unless the President says, 'I campaigned because we wanted to change the Supreme Court, and Bork represents the kind of judge who will correct the errors the court has made in the past.' " Fein believes the attempt to portray Bork as a moderate will collapse at the hearings as soon...

Author: /time Magazine | Title: Advise and Dissent | 9/21/1987 | See Source »

...related theme is his advocacy of "judicial restraint," the idea that judges should defer to legislative and Executive decisions. Unless a clear constitutional right is violated, he believes, the majority through its elected officials may impose its will on the minority, even if judges consider the resulting laws to be insidious or unwise. For example, though Bork has argued that the court did not have the constitutional justification to strike down the anticontraceptive law in the Griswold case, he has spoken disparagingly of the statute itself. "Even if we assume that courts have superior capacities for dealing with matters...

Author: /time Magazine | Title: The Law According to Bork | 9/21/1987 | See Source »

...limits. The Soviets are free to do the same whenever they choose. Says Spurgeon Keeny, president of the Washington-based Arms Control Association: "Given the U.S. repudiation of SALT II, strategic forces can grow without constraint, and they will soon negate any reductions achieved at the INF negotiations unless a new agreement is reached...

Author: /time Magazine | Title: Heading Toward A 4% Solution | 9/21/1987 | See Source »

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