TITLE

POLITICS, CONSTITUTIONAL INTERPRETATION, AND MEDIA ECOLOGY: AN ARGUMENT AGAINST JUDICIAL MINIMALISM

AUTHOR(S)
Ohlendorf, John David
PUB. DATE
June 2008
SOURCE
Harvard Journal of Law & Public Policy;Summer2008, Vol. 31 Issue 3, p1139
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article explores an argument against the concept of judicial minimalism in the U.S. It analyzes the doctrine of such a concept in light of a familiar approach to original interpretation of the constitution. Also introduced is the academic discipline of media ecology, the study of how changes in media technology affect institutional strengths of the political framework envisioned by the framers. According to Justice Hugo Lafayette Black, judicial review must be based on principles and firmly grounded in the text of the constitution if it is to last.
ACCESSION #
34074159

 

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