POL-UA 330 Chapter Notes - Chapter 4: Scare Campaign, Due Process Clause, Cultural Conservatism
22 Mar 2018
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Week 4: more incorporation & multi tier analysis. San antonio independent school district v. rodriguez (1973) Lewis f. powell jr (1982): carolene products revisited. Carolene products (1938) gave birth to the term discrete. It was unnecessary to consider now the standard of the court should apply to. Legislation which restricts those pol processes which can ordinarily be expected to bring about repeal of undesirable leg and insular minorities . Statutes directed at particular religious, or national, or racial minorities Primary source of strict scrutiny judicial review. Some argue it commenced a new era in constit. Theory extracted from footnote the fundamental character of our gov. Our constit assumes that majorities should rule & that the gov should be able to govern. Therefore cong & state leg should be allowed to do as they choose. But there are certain groups that can"t participate in the pol process pol process can"t be trusted to protect those groups.
