The Great Secret of Constitutional Law: Why Proposition 8 Will (and perhaps should) Be Upheld
…ecutive seizure of the steel industry during the Korean War and rejected a number of assertions of executive power during the Bush administration when given the chance. However, the courts are reluctant to act where rights are not clear, and assertions of equality are not traditional. Even in these contexts, the courts have rendered decisions protecting novel rights and groups. But they have done so with an eye toward what the public will accept….
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