The role of government under the Bill of Rights
Article Abstract:
Professor Akhil Amar's majoritarian interpretation of the Bill of Rights shares with the conventional interpretation a neglect of the positive role played by the legislative branch. Both accounts tend to equate minority rights with individual rights and oppose these to majority rights, as expressed through the legislature or by other means. However, individual and majority rights are not necessarily opposed. Although the Bill of Rights is often seen as a means of limiting government, the enabling of Congress is a significant and often neglected theme.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1992
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Victims and heroes in the "benevolent state."(Group Rights, Victim Status, and the Law: The Eighth Annual Federalist Society Lawyers Convention)
Article Abstract:
Society should return to honoring heroes rather than emphasizing the ideology of victimization. Unfortunately, the political and legal system instead encourages people to define themselves as victims, while egalitarianism has contributed to the deconstruction of heroes. The result of both trends is the loss of a sense of personal responsibility and self-worth. In addition, society has become balkanized into separate victim groups. Lawyers can help by reducing the stress on victims in the legal system.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1996
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