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Social and Behavioral Sciences Commons

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Constitutional Law

William & Mary Law School

Journal

2020

Naim v. Naim 350 U.S. 985 (1956)

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Full-Text Articles in Social and Behavioral Sciences

The Court Should Not Let Politically Divided Times Affects Its Choices And Decisions, Erwin Chemerinsky Mar 2020

The Court Should Not Let Politically Divided Times Affects Its Choices And Decisions, Erwin Chemerinsky

William & Mary Law Review

The Court should not let politically divided times affect its choices or decisions. Altering the Court’s role in politically divided times would require a definition of what qualifies as such an era and a theory of how to act in such times. Almost every era in American history could be deemed a politically divided time. Changing the Court’s role in politically divided times is inconsistent with its preeminent role: interpreting and enforcing the Constitution. This role does not change, and should not change, in politically charged moments. Indeed, history shows that the Court cannot know what is likely to lessen …