| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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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