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Legal Commentary
: Glorfindel of GondolinAnother civics lesson
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Glenn Greenwald says he used to be a constitutional law and civil rights litigator in New York. But he doesn't need that background to make the following obvious point:
. . . a court striking down a law supported by large majorities is not antithetical to our system of government. Such a judicial act is central to our system of government. That's because, strictly speaking, the U.S. is not a "democracy" as much as it a "constitutional republic," precisely because constitutional guarantees trump democratic majorities. This is all just seventh-grade civics. . . .
Point taken, Mr. Greenwald. But to pick a small bone: seventh-grade civics like this died a quiet death sometime in the late 1970s.
Full post as published by Glorfindel of Gondolin on May 24, 2008 (boomark / email).
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