[EL] Brad Smith's view of the reason for judicial review

[Smith, Brad]

"the primary reason for judicial review of constitutional matters [what other kind of "judicial review" is there?]"

Statutory issues? Administrative law determinations?


Bradley A. Smith

Josiah H. Blackmore II/Shirley M. Nault

   Professor of Law

Capital University Law School

303 E. Broad St.

Columbus, OH 43215

614.236.6317

http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________
From: law-election-bounces at department-lists.uci.edu [law-election-bounces at department-lists.uci.edu] on behalf of Morgan Kousser [kousser at hss.caltech.edu]
Sent: Wednesday, February 27, 2013 10:27 PM
To: Election Law
Subject: [EL] Brad Smith's view of the reason for judicial review

  I do believe that the African-Americans whose political, economic, and social rights were protected or restored by judicial invalidation of legislation that didn't sound nice to anyone except white supremacists would disagree with Brad's ultimately cynical view that "the primary reason for judicial review of constitutional matters [what other kind of "judicial review" is there?] is that politicians will be afraid to vote against legislation that sounds nice."  And probably a few teachers of constitutional law, not to mention other "discrete and insular minorities" might agree with them.
Morgan
--

Prof. of History and Social Science, Caltech
surface mail:  228-77 Caltech, Pasadena, CA 91125-7700
phone 626-395-4080, fax 626-405-9841
home page:  <http://www.hss.caltech.edu/~kousser/Kousser.html<http://www.hss.caltech.edu/%7Ekousser/Kousser.html>>
  . . . without the clarity that makes doubt productive, historians will never be able to fulfill their highest moral responsibility, to build a better world . . .
                      -- from "The New Postmodern Southern Political History"
  Perfection . . . in any institution is a dangerous myth; there is only the repeated correction of imperfections.  As long as there is discrimination, there will always be more work to do.
                       -- from "The Strange, Ironic Career of Section 5 of the Voting Rights Act"
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