03/04: Representative Democracy Deemed Unconstitutional
Category: General
Posted by: Tocqueville
It just happened in Iowa. Story here.
Out of 69 pages of pablum, here's the heart of the matter:
“[E]qual protection can only be defined by the standards of each generation.” (p. 16)
“The point in time when the standard of equal protection finally takes a new form is a product of the conviction of one, or many, individuals that a particular grouping results in inequality and the ability of the judicial system to perform its constitutional role free from the influences that tend to make society’s understanding of equal protection resistant to change.” (pp. 16-17)
Got that?
UPDATE: Allan Carlson nails it here.
UPDATE: Eugene Volokh discusses the slippery slope here.
Out of 69 pages of pablum, here's the heart of the matter:
“[E]qual protection can only be defined by the standards of each generation.” (p. 16)
“The point in time when the standard of equal protection finally takes a new form is a product of the conviction of one, or many, individuals that a particular grouping results in inequality and the ability of the judicial system to perform its constitutional role free from the influences that tend to make society’s understanding of equal protection resistant to change.” (pp. 16-17)
Got that?
UPDATE: Allan Carlson nails it here.
UPDATE: Eugene Volokh discusses the slippery slope here.
Tocqueville wrote:
http://blog.beliefnet.com/c...