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Full-Text Articles in Legal Writing and Research
The Presumption Of Constitutionality And The Demise Of Economic Liberties, James Huffman
The Presumption Of Constitutionality And The Demise Of Economic Liberties, James Huffman
Dickinson Law Review (2017-Present)
For over two centuries the United States Supreme Court has embraced a presumption of constitutionality that places the burden of proof on those challenging the constitutionality of governmental actions. Usually, the presumption is stated as a given, but when explained it is most often said to be founded in republicanism and due respect for the co-equal branches of government. Thus, the presumption constitutes a deference to the constitutional interpretations of the elected branches of government. This majoritarian view of the Constitution’s foundational principle is counter to the dominant view of the Constitution’s founders. They designed a government constituted of numerous …
The Paradox Of The Paradox Of Democracy, Raymond H. Brescia
The Paradox Of The Paradox Of Democracy, Raymond H. Brescia
Dickinson Law Review (2017-Present)
In The Paradox of Democracy: Free Speech, Open Media, and Perilous Persuasion, authors Zac Gershberg and Sean Illing argue that democracies contain the capacity for their own destruction because they promote open communication but such communication can be manipulated by authoritarian forces. They argue further that with contemporary communications technologies the descent into fascism is even more likely. The authors argue that in order to confront these threats, democratic nations must increase media literacy within the citizenry and strengthen local journalism. Given the grave nature of the threats the authors have exposed, these solutions do not appear up to …