Book contents
- The Rights Paradox
- The Rights Paradox
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgments
- Table of Cases
- 1 Legitimacy and Minority Rights
- 2 The Group Antipathy Theory of Supreme Court Legitimacy
- 3 Under Siege
- 4 Opening the Floodgates
- 5 Experimental Tests of the Group Antipathy Model
- 6 How Citizens Use Groups to Evaluate Judicial Preferences
- 7 Group Antipathy and Strategic Behavior on the Supreme Court
- 8 Conclusion
- Appendix
- References
- Index
8 - Conclusion
Published online by Cambridge University Press: 22 March 2021
- The Rights Paradox
- The Rights Paradox
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgments
- Table of Cases
- 1 Legitimacy and Minority Rights
- 2 The Group Antipathy Theory of Supreme Court Legitimacy
- 3 Under Siege
- 4 Opening the Floodgates
- 5 Experimental Tests of the Group Antipathy Model
- 6 How Citizens Use Groups to Evaluate Judicial Preferences
- 7 Group Antipathy and Strategic Behavior on the Supreme Court
- 8 Conclusion
- Appendix
- References
- Index
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.
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- The Rights ParadoxHow Group Attitudes Shape US Supreme Court Legitimacy, pp. 126 - 136Publisher: Cambridge University PressPrint publication year: 2021