Cato Supreme Court Review, 2002-2003 by James Swanson, James L. Swanson

By James Swanson, James L. Swanson

This publication analyzes crucial and far-reaching situations of the 2002-2003 yr from a classical Madisonian point of view. This variation will evaluate, between different circumstances, affirmative motion, sexual privateness, highbrow estate, go burning, advertisement speech, and federalism.

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In so doing, the Court acts as a council of revision with a self-determined mandate. S. CONST. art. I, § 1. S. CONST. art. II, § 1. 25 Panama Refining Co. v. S. 388 (1935). Whitman v. S. 457, 474–75 (2001). 27 Cf. Lucas v. S. 1003, 1018 (1992) (‘‘[W]hen the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good, that is, to leave his property economically idle, he has suffered a taking’’). 26 17 77012$$CH8 09-03-03 11:21:15 CATO CATO SUPREME COURT REVIEW and state governments.

It is a written document. It carefully enumerates and circumscribes the powers and duties of each branch of the national government, of the national government in relation to the states, and of both with respect to individuals. And because that is what we have, and what federal judges swear to uphold and defend, we ought to be faithful to it and, as we are sworn to do, decide cases ‘‘agreeably to the Constitution and laws of the United States,’’ and thus preserve the advantages of having a written constitution.

The device of presumptions is almost as old as law; Brandeis revives the presumption that acts of a state legislature are valid and applies it to statutes regulating business activity. The factual brief has many times been employed to make a case for social legislation; Brandeis demands of the opponents of legislative acts a recitation of fact showing that the evil did not exist or that the remedy was inappropriate. S. 251, 257–58 (1931) (emphasis added). 24 77012$$CH6 09-03-03 11:22:45 CATO Justice Kennedy’s Libertarian Revolution: Lawrence v.

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