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Politics : Bill Clinton Scandal - SANITY CHECK -- Ignore unavailable to you. Want to Upgrade?

To: Neocon who wrote (44548)4/29/1999 9:30:00 PM
From: Daniel Schuh  Read Replies (1) | Respond to of 67261
 
There's lots of terms that get bandied about, but stare decisis was not the one I was looking for. There was the ever popular "strict constructionism", which was the vogue term when Rehnquist was appointed, but the terminology seems to have evolved. One thing about the Warren court, they actually put some teeth into certain constitutional phrases that used to be mostly ignored, like "unreasonable searches and seizures". We're getting back to the pre-Warren norm with the war on some drugs. Carrying a lot of cash is sufficient evidence of drug trafficking that it's "reasonably" seizable, and good luck getting it back.



To: Neocon who wrote (44548)4/30/1999 11:25:00 AM
From: jlallen  Read Replies (1) | Respond to of 67261
 
No, I think he meant judicial "restraint" which is not exactly the same as stare decisis although it is part of the concept. Obviously Roe was not in keeping with stare decisis and it also created rights out of "penumbras" in the Constitution in keeping with Griswold and other decisions pushing beyond the literal word of the Constitution itself. JLA


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