Alito, NSA, filibusters, and the nuclear option

[Mark Graber]

I have often wondered whether the sedition act helps to explain Thomas
Jefferson's victory in the 1800 collection.  To begin with, had there
been no 3/5 clause, John Adams wins the election.  Very few electoral
votes switched, and I wonder whether the sedition act explains any of
those switches.  Jefferson on a bit better in 1800 across-the-board, but
the better explanation may be superior political organization and
infighting by the Federalists.  Given the unfavorable state legislative
responses to the Virginia and Kentucky resolutions, I just wonder how
much the sedition act really mattered.  Has anyone done a serious study
of this, or is this another political folk tale whose moral is that
Americans are far more concerned with free speech than they really are.

MAG

>>> Malla Pollack <mpollack at uidaho.edu> 12/24/05 6:05 PM >>>
"The crucial point here may be that the Bush administration actions have
constitutional significance, may settle or unsettle previous debates and
understandings even if they do not come before courts."

We need to act to make sure they come before the court of the
electorate.
The Sedition Act etc of the high Federalists was loudly hailed
unconstitutional by the overwhelming victory of Jeffersonians at the
polls
in the next national election.  The way to deny the constitutionality of
Bush's imperial presidency is to get a slam-dunk anti-Bush vote in the
next
presidential election.  But can we keep the public eye on focus for that
long?


Malla Pollack
Professor, American Justice School of Law
Visiting Univ. of Idaho, College of Law
mpollack at uidaho.edu
208-885-2017
 

-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Sanford Levinson
Sent: Saturday, December 24, 2005 1:34 PM
To: Mark Graber; conlawprof at lists.ucla.edu; lawcourts-l at usc.edu
Subject: RE: Alito, NSA, filibusters, and the nuclear option

 
The crucial point here may be that the Bush administration actions have
constitutional significance, may settle or unsettle previous debates and
understandings even if they do not come before courts.

Mark Graber


This is exactly right.

sandy
_______________________________________________
To post, send message to Conlawprof at lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof

Please note that messages sent to this large list cannot be viewed as
private.  Anyone can subscribe to the list and read messages that are
posted; people can read the Web archives; and list members can (rightly
or
wrongly) forward the messages to others.