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8 - Conclusion

Published online by Cambridge University Press:  22 March 2021

Michael A. Zilis
Affiliation:
University of Kentucky
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Summary

Consider the language of the law. On what principles do landmark rights cases hinge? In Brown: “It is doubtful that any child may reasonably be expected to succeed in life if he is reasonably denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right that must be made available to all on equal terms.” Six decades later, in United States v. Windsor: “The power the Constitution grants it also restrains. And although Congress has great authority to design laws to fit its own conception of sound national policy, it cannot deny the liberty protected by the Due Process Clause of the Fifth Amendment.” The principles and justifications driving these decisions, the Court argues, apply universally.

Type
Chapter
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The Rights Paradox
How Group Attitudes Shape US Supreme Court Legitimacy
, pp. 126 - 136
Publisher: Cambridge University Press
Print publication year: 2021

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  • Conclusion
  • Michael A. Zilis, University of Kentucky
  • Book: The Rights Paradox
  • Online publication: 22 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108937764.008
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  • Conclusion
  • Michael A. Zilis, University of Kentucky
  • Book: The Rights Paradox
  • Online publication: 22 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108937764.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Michael A. Zilis, University of Kentucky
  • Book: The Rights Paradox
  • Online publication: 22 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108937764.008
Available formats
×