First Amendment cases and federal power

[Volokh, Eugene]

    Well, we also tell students to talk about all the issues on a final
exam -- or even in answering a problem -- rather than saying "Argument 1
disposes of this case, so I won't discuss arguments 2, 3, and 4."  Yet
Justices don't talk that way, both because they have limited time, and
because of a sense that they (usually) shouldn't decide controversial
constitutional questions unless they have to.
 
    Eugene

	
	-----Original Message-----
	From: RJLipkin at aol.com [mailto:RJLipkin at aol.com] 
	Sent: Wednesday, April 13, 2005 11:03 AM
	To: Volokh, Eugene
	Cc: CONLAWPROF at lists.ucla.edu
	Subject: Re: First Amendment cases and federal power
	
	
	
	        I agree, for the most part, with Eugene's explanation of
why the Court doesn't typically raise the authorization question in
First Amendment cases.  However, the question of whether it's
appropriate to blame the Court for not raising this question is more
complicated. I always stress with my students the importance of raising
this issue whenever assessing the constitutionality of federal law. My
complaint is this:  Why won't the Court decide cases in a way that would
shore up my credibility with my students? I need all the help I can get.
	 
	Bobby
	 
	Robert Justin Lipkin
	Professor of Law
	Widener University School of Law
	Delaware

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