Leaving things undecided

Article Abstract:

The decisions handed down by the US Supreme Court in its 1995-1996 term demonstrate an understanding of the value of minimalism in judicial review of morally and politically charged issues. By deciding cases like Romer v. Evans and United States v. Virginia on narrow grounds, the Court encourages public debate and political action, promoting governmental legitimacy. Broad rulings that precluded public engagement on such issues would foreclose democratic processes. The Court should follow a similar minimalist path on other issues, such as affirmative action and same-sex marriage, that may soon be before the Court.

Political aspects, Judicial process, Legitimacy of governments, Government legitimacy

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Dueling sovereignties: U.S. Term Limits, Inc. v. Thornton

Article Abstract:

The US Supreme Court ruled in U.S. Term Limits, Inc. v. Thornton that term limits legislation passed in Arkansas through the initiative process was unconstitutional as applied to members of the US Congress. The Court found that the states do not have the power to alter the requirements for office set forth in the Qualifications Clauses of the Constitution. Modifications can only be made by constitutional amendment. The dissent argued that the Constitution merely set minimum standards that could be added to by the states.

Cases, Laws, regulations and rules, State rights, Exclusive and concurrent legislative powers, Preemption (Legislative power), Term limits

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Foreword: the justices of rules and standards

Article Abstract:

The US Supreme Court in 1991 has not exhibited the expected overwhelming conservatism, but instead has been surprisingly moderate in many areas, including abortion rights, freedom of speech, property rights and state autonomy. The court has split over whether constitutional interpretation should take the form of rules or of standards, with those advocating standards checking the conservatism of those advocating rules. The use of standards tends to result in moderation, whereas rules favor ideological extremes.

Judicial discretion

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