CRM/LAW C122 Lecture 9: Crim C122 Lecture 9 Week 9
8 Mar 2017
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Barnette case: barnette overturns an earlier case decided 4 years ago: supreme. Court doesn"t have jurisdiction to review these kinds of laws: the constitution has the fundamental responsibility to safeguard the rights of individuals. Key ruling of barnette case (1943: 1) the supreme court may review policies compelling flag ceremonies in schools because the courts have a duty under the. Constitution to safeguard fundamental rights, including of religious freedom (426: 2) even if patriotism is a legitimate interest in some cases, our. Constitution sets down permissible means of its achievement, and those permissible means cannot abridge fundamental rights and liberties (427) Using 1a to protect dissent makes democracy stronger: [f]reedom to differ is not limited to things that do not matter much. The test of its substance is the right to differ as to things that touch the heart of the existing order. (quoting jackson, 428)
