POL326Y1 Lecture Notes - Lecture 3: Dred Scott, Hegemony, Implied Consent
Document Summary
The political questions doctrine: supreme court has used this to define the role of courts, which deals with legal not political questions in terms of interpreting the constitution. Implied consent doctrine: when president does something and congress does not take action to stop it then it is implied consent. Foreign policy powers is inherited by the chief of state, the constitution has no role to play in president"s foreign powers. Us developed under us constitution, which is more open and more in line with democracy, deals with foreign policy differently. First problem: old document, over 2 centuries old and constructed in a context very different than the context in which it functions today. These circumstances are in odds with how it was developed and in odds with constitutional values. Us constitution is seen in a sort of sense that a revered religion is, a non-political document that is not flawed (think of the bible)
