Don't Shred The Constitution To Fight Terror
L10MXP1 at WPO.CSO.NIU.EDU
Tue Nov 20 10:58:36 PST 2001
Interestingly, the violation of separation of powers doctrines is the
centerpiece of Jack M. Balkin & Sanford Levinson's fine article,
Understanding the Constitutional Revolution, 87 Va L. Rev 1045 (2001).
They argue that political parties obtain "partisan entrenchment" by
filling federal courts with persons holding the party's basic world
view. Constitutional "revolutions" occur when the entrenched world view
changes. Citizens' over turn judicial partisan entrenchment by voting
for politicians who will appoint judges with different view points.
Bush v. Gore is denounced as a judicial action which grabbed the
political power to appoint more like-minded judges-- thus negating the
usual (attenuated) political control of judicial selection.
One interesting factual claim in the article is that if
African-Americans had not been disproportionally disenfranchised by the
badly done screening of the voting-list for felons, Gore would have won.
Northern Illinois Univ., College of Law
DeKalb, Illinois 60115
815-753-1160; (fax) 815-753-9499
mallapollack at niu.edu
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