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Reasoning About The Irrational: The Roberts Court And The Future Of Constitutional Law, H. Jefferson Powell
Reasoning About The Irrational: The Roberts Court And The Future Of Constitutional Law, H. Jefferson Powell
H. Jefferson Powell
Reasoning about the irrational: The Roberts Court and the future of constitutional law [Abstract] Commentary on the future direction of the Roberts Court generally falls along political lines that correlate with the commentators’ views on the political desirability of the Court’s recent decisions. A more informative approach is to look for opinions suggesting changes in the presuppositions with which the justices approach constitutional decision making. In footnote 27 in his opinion for the Court in the Heller second amendment decision, Justice Scalia suggested a fundamental revision of the Court’s assumptions about the role of judicial doctrine, and the concept of …
Reasoning About The Irrational: The Roberts Court And The Future Of Constitutional Law, H. Jefferson Powell
Reasoning About The Irrational: The Roberts Court And The Future Of Constitutional Law, H. Jefferson Powell
H. Jefferson Powell
Reasoning about the irrational: The Roberts Court and the future of constitutional law [Abstract] Commentary on the future direction of the Roberts Court generally falls along political lines that correlate with the commentators’ views on the political desirability of the Court’s recent decisions. A more informative approach is to look for opinions suggesting changes in the presuppositions with which the justices approach constitutional decision making. In footnote 27 in his opinion for the Court in the Heller second amendment decision, Justice Scalia suggested a fundamental revision of the Court’s assumptions about the role of judicial doctrine, and the concept of …