Category Archives: Tyranny of the Majority

Voter ID Laws: a Vicious Positive Feedback Loop

While they may have faded into the background during the absurdities of the first few weeks of the Trump Administration, let’s refocus ourselves on a few of our new POTUS’ recent tweets. I will be asking for a major investigation … Continue reading

Posted in Tyranny of the Majority | Tagged , , | 7 Comments

The Consequences of Not Exercising…Your Rights!

Judith Shklar’s argument about the importance of voting in American Citizenship focuses primarily on suffrage as a form of societal standing. She leaves some conclusions undeveloped, particularly with regards to why American voter turnout is and has been low in spite … Continue reading

Posted in Shklar, Tyranny of the Majority | Tagged , , , | 7 Comments

Check out “The Man the Founders Feared” for a shout out to Lincoln’s “The Perpetuation of Our Political Institutions.”

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Sherbert, Peyote, and Contraceptives: The Right to Free Exercise

Prior to 1990, the standard for Free Exercise claims, known generally as the “compelling interest test” (also known as the Sherbert-Yoder test from the cases that set the precedent), was much more deferent to the religious rights of individuals. This … Continue reading

Posted in Constitutional Interpretation, Rights, Scalia, Supreme Court and Social Reform, Tyranny of the Majority | Tagged , , , | 3 Comments

Team Brennan: Textualism v. Contemporary Ratification

During a class discussion on the interpretation of the Constitution, a student humorously stated that as long as the Supreme Court’s decisions were in alignment with their own views, then the process of how the Court came to that decision … Continue reading

Posted in Brennan, Constitutional Interpretation, Privacy, Scalia, Tyranny of the Majority | 14 Comments