John Roberts's Refusal to Defend Federal Statutes in MetroBroadcasting

[Scott Gerber]

Frank:

The Civil War Amendments were designed to restore the regime to the Lockean
liberal principles articulated in the Declaration of Independence,
principles the Constitution of 1787 violated by permitting slavery.  David
A.J. Richards of NYU Law School wrote a powerful book about this and I
recommend it (and cite it in TO SECURE THESE RIGHTS).

Regarding someone else's post on Locke's majoritarianism, I address that as
well in TO SECURE THESE RIGHTS.

Scott


At 12:46 PM 9/8/2005 -0500, Frank Cross wrote:
>  
>  There was considerable overlap in the groups, of course, but not
congruence.
>
>  I will have to read your argument about how Lockean liberalism inspired
>the 14th Amendment as well, but I'm not sure how one can say that a
>document endorsing slavery was inspired by the very same spirit as a
>document prohibiting it.
>
>     I gather Scott takes this broader vision of originalism as reflecting
>Lockean liberalism, and I would think the 14th amendment could admit of a
>broader vision, as reflecting result equality of some degree.
>
> 
>
> 
>
> At 12:01 PM 9/8/2005, RJLipkin at aol.com wrote:
> In a message dated 9/8/2005 11:03:12 AM Eastern Standard Time,
>crossf at mail.utexas.edu writes:
>     He 
>  said that it was clear at the time of the 14th Amendment that affirmative 
>  action was legitimate and that the contemporary Congress adopted several 
>  affirmative action programs. 
>
>              So just how was affirmative action operative at the time of
>the 14th?
> 
> Bobby
> 
> Robert Justin Lipkin
> Professor of Law
> Widener University School of Law
> Delaware
>  **********************************************************
>
> Frank Cross
> McCombs School of Business
> The University of Texas at Austin
> 1 University Station B6000
> Austin, TX 78712-1178 
>   
**********
Scott Gerber
Law College
Ohio Northern University
Ada, OH 45810
419-772-2219
http://www.law.onu.edu/faculty/gerber/