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Unhappy anniversary.(Brown V. Board)
IT was impossible for anyone, whatever his political persuasion, not to be a bit melancholy on the fiftieth anniversary of Brown v. Board of Education. The end of formal racial segregation in American education was a great advance, and Brown stood for that noble cause. But we are all aware that the promise of a better education for black children has not been fulfilled. Even worse, the civil-rights movement of 50 years ago has become a civil-rights establishment that is willing to stand in the schoolhouse door--this time, to block the exits.
It is Brown's potential for abuse that has been met: its tendency to aggrandize the judiciary. In the legal academy, it is widely assumed that the result of Brown is incompatible with the original meaning of the Fourteenth Amendment, and that this incompatibility is a decisive reason not to interpret the Constitution in line with its original meaning. More generally, judicial power has been infused with the romance of the landmark case.
Conservative scholars Robert Bork and Michael McConnell have tried to show that Brown reached the right ...
- Original meaning and constitutional redemption. (response to articles in this...
- Magazine article from: Constitutional Commentary Balkin, Jack M. June 22, 2007 700+ words
...foreground parts of my argument in Abortion and Original Meaning. (2) In Abortion and Original Meaning I argued that fidelity to the Constitution requires fidelity to the original meaning of the constitutional text and to its underlying...
- Abortion and original meaning.
- Magazine article from: Constitutional Commentary Balkin, Jack M. June 22, 2007 700+ words
...the right to abortion based on the original meaning of the constitutional text as opposed...fanciful but have deep roots in the original meaning of the Fourteenth Amendment. Thus...which is not binding law, and the original meaning, which is. Indeed, many originalists...
- The progressive political power of Balkin's "original meaning".(response to...
- Magazine article from: Constitutional Commentary Johnsen, Dawn E. June 22, 2007 700+ words
...Jack Balkin's Abortion and Original Meaning should be widely read and...emphasizes the centrality of original meaning from what can be described...disregarding the Framers' original meaning. This comment, though...
- Trumping precedent with original meaning: not as radical as it sounds.
- Magazine article from: Constitutional Commentary Barnett, Randy E. June 22, 2005 700+ words
...Founders themselves practiced a form of original meaning originalism. (6) Finally, an original...defense, we should adhere to the original meaning of the document, not because long...interpretation that contradicts the original meaning of the text, and this mistake was...
- Taking text too seriously: modern textualism, original meaning, and the case of...
- Magazine article from: Michigan Law Review Treanor, William Michael December 1, 2007 700+ words
...that this close parsing recaptures original meaning, but, perhaps because it seems obviously...close reading is a poor guide to original meaning: rather, careful study of the drafting...HOLISTIC TEXTUALISM, AND THE SEARCH FOR ORIGINAL MEANING A. Amar's Textualism B. Amar...
- The original meaning of the free exercise clause: the evidence from the First...
- Magazine article from: Harvard Journal of Law & Public Policy Munoz, Vincent Phillip June 22, 2008 700+ words
...religion and the American Founding, the original meaning of the First Amendment's Free Exercise...Congress regarding the Clause's original meaning. (9) This Article contends that...sheds almost no light on the text's original meaning. In drafting what would become the...
- The original meaning of 'canvass'.
- News wire article from: Asia Africa Intelligence Wire June 20, 2004 700+ words
(From Philippine Daily Inquirer) Byline: Randy David A TYPICAL scene in the ongoing canvass in Congress unfolds like this: Election documents are brought out for inspection. Members of the joint committee and lawyers of the candidates take turns describing the condition of the documents. Somebody
- "Plastics" return to original meaning, but with light: use of photosensitive...
- Magazine article from: Design News August 15, 2005 700+ words
The word "plastic" originally characterized only the material's qualities: It is malleable, pliable, and deformable. Now, researchers at the Massachusetts Institute of Technology have developed plastics that change shape when the researchers expose them to specific wavelengths and return to their
- "Plastics" return to original meaning, but with light.(INNOVATIONS AND...
- Magazine article from: EDN Asia Lange, Robin December 1, 2005 700+ words
The word "plastic" originally characterized only the material's qualities: It is malleable, pliable, and deformable. Now, researchers at the Massachusetts Institute of Technology have developed plastics that change shape when the researchers exposed them to specific wavelengths and return to their
- "Plastics" return to original meaning, but with light.(RESEARCH...
- Magazine article from: EDN Schweber, Bill June 23, 2005 700+ words
The word "plastic" originally characterized only the material's qualities: It is malleable, pliable, and deformable. Now, researchers at the Massachusetts Institute of Technology have developed plastics that change shape when the researchers exposed them to specific wavelengths and return to their
Source: HighBeam Research, Unhappy anniversary.(Brown V. Board)