Who do you think is more likely to be right

Reference no: EM133328661

Case: Dworkin, in Law's Empire, says "The United States is a more just society than it would have been had its constitutional rights been left to the conscience of majoritarian institutions." On the other hand, Dahl says, "it is doubtful that the fundamental conditions of liberty in this country have been altered more than a hair's breadth as a result of [its pro-fundamental liberties] decisions. ... [In the remaining cases] the Court used the protections of the Fifth, Thirteenth, Fourteenth and Fifteenth Amendments to preserve the rights and liberties of a relatively privileged group at the expense of the rights and liberties of a submerged group."

Neither offers real proof of the cumulative effect of the Supreme Court's intervention in our politics. Based on our discussions and all the readings we have done since the midterm, including Breyer, Scalia and Dworkin (you can include earlier ones, if you wish), who do you think is more likely to be right, and why?

Points go not for getting the answer "right," or for the use of extensive examples from the (real) US Supreme Court's history, but for the appropriate and creative use of the theories we have discussed in class, and for references to our class discussions and lectures. If you wish, you may use examples from the class Supreme Court and its treatment of the cases to support your argument.

Reference no: EM133328661

Questions Cloud

List fiverights that all free nations should enjoy : Declaration makes a formal pronouncement of independencefrom Great Britain as well as of the rights to which an independent nation is entitled. List fiverights

What is the effect of social security disability : How can I narrow the research question "What is the effect of Social Security Disability on state policy outcome" especially the dependent variable pertaining

How will smart phones effect the future of our youth : How will smart phones effect the future of our youth in good and bad ways? In your opinion will it eventually have negetive side effects to even our environment

What does it mean if a relation is symmetric : What does it mean if a relation is symmetric? What does it mean if a relation is transitive? Are the following relations transitive, symmetric, both.

Who do you think is more likely to be right : GOV 365N University of Texas we have done since the midterm, including Breyer, Scalia and Dworkin (you can include earlier ones, if you wish), who do you think

How does the dr. flex his muscle at big nurse : How does the Dr. flex his muscle at Big Nurse? What explanation does Mac give the nurse for breaking the glass again? Why do the patients think they gained

What are lockes reasons for thinking sensations of color : What are Locke's reasons for thinking that the sensations of color that we experience are not objective properties of objects?

Analyze the emergency management principles : Analyze the emergency management principles. Please select one or more man-made disasters and conduct research on them via the Internet or the online library

Describe the zika virus. how is it contracted : Describe the Zika virus. How is it contracted and What are the symptoms? What are the dangers pregnant women

User Account

All Pages