The Warren Court and the concept of a right
Article Abstract:
The Earl Warren Court's "judicial activism" marked a significant contribution to U.S. constitutional rights theory by transforming the concept of a legal right. The court expanded individual rights beyond the "textual rights" elaborated in the Bill of Rights to cover the implied "penumbral rights" necessary for protecting the individual against potential government abuses. The court also used the textual rights as a means of finding "general" constitutional rights, such as the right to privacy.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
Is this America? The District of Columbia and the right to vote
Article Abstract:
Congress and the federal courts should act to allow the citizens of the District of Columbia to elect representatives to Congress. Nothing in the Constitution bans voting by residents of the District. To permit DC citizens to vote would promote a vision of the Constitution that favors political freedom over the power of government . The Constitution should be interpreted as a social compact among the people of the US, not merely as a compact among the States.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
The way out: a legal standard for imposing alternative electoral systems as voting rights remedies
Article Abstract:
Federal courts have the authority under the Voting Rights Act to order alternative electoral systems remedies that enhance minority representation without racially gerrymandering voting districts. To accomplish this, courts should discard the plaintiffs' requirement to define compact single-member districts in favor of a threshold of exclusion criteria. This new legal standard would aid in remedying minority vote dilution.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Controversy and contributions: a public housing critique. Mutual housing: community-based empowerment. This is public housing
- Abstracts: The facilitation of organizational change: an empirical study of factors predicting change agents' effectiveness
- Abstracts: Technology trends and the practice of law: an administrative perspective. How an innovation is formed: a case study of Japanese word processors
- Abstracts: Audience surveillance and the right to anonymous reading in interactive mediaD. Emotional attachment and mobile phones
- Abstracts: Creating a global community of practicing anthropologists. Ethical issues for social anthropologists: a North American perspective on long-term research in Mexico