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" It is unnecessary to consider now whether legislation which restricts those political processes which can ordinarily be expected to bring about repeal of undesirable legislation, is to be subjected to more exacting judicial scrutiny under the general... "
United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ... - Page 134
by United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1938
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Democracy’s Discontent: America in Search of a Public Philosophy

Michael J. Sandel - History - 1998 - 436 pages
...democratic process itself. This proposal had two parts. One was to assure access to the political process. "Legislation which restricts those political processes...to bring about repeal of undesirable legislation" might be subject to "more exacting judicial scrutiny." The other was to prevent prejudice from infecting...
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(Dis)Entitling the Poor: The Warren Court, Welfare Rights, and the American ...

Elizabeth Bussiere - Political Science - 2010 - 226 pages
...review to laws involving individual rights, political processes, or "discrete and insular minorities": It is unnecessary to consider now whether legislation...prohibitions of the Fourteenth Amendment than are other types of legislation . . . Nor need we enquire whether similar considerations enter into the...
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The Supreme Court and American Constitutionalism

Bradford P. Wilson, Ken Masugi - Law - 1998 - 328 pages
...Hotels, 3o4 US at 152. 77Id. at 152 n.4. 78 The rest of Footnote 4 adds: It is unnecessary to consider no whether legislation which restricts those political...Amendment than are most other types of legislation. Nor need we enquire whether similar considerations enter into the review of statutes directed at particular...
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The Tempting of America

Robert H. Bork - Political Science - 2009 - 452 pages
...to more exacting judicial scrutiny than most other legislation. The first class was legislation that "restricts those political processes which can ordinarily be expected to bring about repeal of undesirable legislation";20 the second included cases where "prejudice against discrete and insular minorities...
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Reform and Regulation of Property Rights

Industrial laws and legislation - 1997 - 452 pages
...guarantees like freedom of speech, disadvantaging "discrete and insular minorities," or obstructing "those political processes which can ordinarily be...to bring about repeal of undesirable legislation," Stone established the Court's agenda for the next fifty years.1" "1 Carolene Products, 304 at 152-53...
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Main Themes in the Debate Over Property Rights, Volume 6

James W. Ely - Right of property - 1997 - 464 pages
...drew). Stone suggested that judicial scrutiny would be especially exacting when legislation restricted "those political processes which can ordinarily be expected to bring about repeal of undesirable legislation,"06 and Frankfurter intimated that the crucial question is whether "all the effective means...
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Beyond Pluralism: The Conception of Groups and Group Identities in ..., Volume 1

Wendy Freedman Katkin, Ned C. Landsman, Andrea Tyree - Social Science - 1998 - 296 pages
...Amendments, which are deemed equally specific when held to be embraced within the Fourteenth. . . . It is unnecessary to consider now whether legislation...Amendment than are most other types of legislation. . . . Nor need we enquire whether similar considerations enter into the review of statutes directed...
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The Constitutional Underclass: Gays, Lesbians, and the Failure of Class ...

Evan Gerstmann - Law - 1999 - 206 pages
...two-volume work, The Constitution and the Supreme Court (Chicago: University of Chicago Press, 1985, 1988). It is unnecessary to consider now whether legislation...Amendment than are most other types of legislation. . . . Nor need we inquire whether similar considerations enter into review of statutes directed at...
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The Constitutional Underclass: Gays, Lesbians, and the Failure of Class ...

Evan Gerstmann - Law - 1999 - 206 pages
...(Chicago: University of Chicago Press, 1985, 1988). 31. Ackerman, "Beyond Carolene Products," 714. It is unnecessary to consider now whether legislation...Amendment than are most other types of legislation. . . . Nor need we inquire whether similar considerations enter into review of statutes directed at...
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God Versus Caesar: Belief, Worship, and Proselytizing under the First Amendment

Martin S. Sheffer - Political Science - 1999 - 242 pages
...amendments, which are deemed equally specific when held to be embraced within the Fourteenth. . . . It is unnecessary to consider now whether legislation...more exacting judicial scrutiny under the general prohihitions of the Fourteenth Amendment than most types of legislation. . . . Nor need we enquire...
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