A lawyer lectures a judge

Article Abstract:

Judge Stephen Reinhardt believes the US Supreme Court can and should expand the scope of the Constitution, a view disputed by critics defending the notion of the Framers' original intent. Reinhardt admires the views of several prominent Justices who have tried to protect minority rights. However, the Framers did not intend such a protectionist role, according to strict originalists, who oppose expanded interpretations of the 14th Amendment as well as Reinhardt's thinking on equal protection and judicial construction.

Analysis, Criticism and interpretation, Judicial activism, Reinhardt, Stephen R.

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The structural constitution and the countermajoritarian difficulty

Article Abstract:

Supreme Court enforcement of the structural constitution through separation of powers cases has revived since 1974. In 1937-74, the Court rarely acted to define or curtail the powers Congress or the president. Beginning with the Nixon presidency, and continuing on in the Clinton era, the Court reversed this trend. The partisan division of Congress and the Court's own incentives are the principal factors behind this trend.

United States, Laws, regulations and rules, Beliefs, opinions and attitudes, Separation of powers, Executive power

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