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Avoiding The Guillotine: The Need For Balance And Purpose In Determining Fundamental Rights Under The Fourteenth Amendment, Timothy A. Campbell
Avoiding The Guillotine: The Need For Balance And Purpose In Determining Fundamental Rights Under The Fourteenth Amendment, Timothy A. Campbell
Timothy A Campbell
This article examines the need to bridge two lines of thought in fundamental rights jurisprudence, rationalism and traditionalism. As illustrated in Justice Scalia and Justice Stevens arguments in McDonald the two schools of thought, though each valid, cannot stand-alone. In formulating a bridge this paper first corrects the rationalists understanding of Justice Holmes Path of Law. Then the article observes that an objective principle to determine fundamental rights is non-existent because rights by their nature are subjective. As a result, the Court must accept subjectivity, but install guideposts to direct the judge’s discretion. Finally, this article formulates a balanced …
Avoiding The Guillotine: The Need For Balance And Purpose In Determining Fundamental Rights Under The Fourteenth Amendment, Timothy A. Campbell
Avoiding The Guillotine: The Need For Balance And Purpose In Determining Fundamental Rights Under The Fourteenth Amendment, Timothy A. Campbell
Timothy A Campbell
No abstract provided.