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Funtimes
08-22-2011, 1:30 AM
Alright so I am looking for the paragraph in many of the cases that said something along the lines of Justices should not engage in analyzing legislative policies for their effectiveness, but for their constitutionality.


Basically, I am trying to say that regardless of statistics it is not the justices job to even look at them for social cost, but whether or not they comport with the constitution.

hoffmang
08-22-2011, 5:53 PM
Heller has the comment about "the third branch."

-Gene

smn
08-22-2011, 6:00 PM
That's one of my favorite quotes from Heller, and I'm sure it scares the bejeezus out of the Brady bunch.
We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding "interest-balancing" approach. The very enumeration of the right takes out of the hands of government—even the Third Branch of Government—the power to decide on a case-by-case basis whether the right is really worth insisting upon. A constitutional guarantee subject to future judges' assessments of its usefulness is no constitutional guarantee at all. Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) even future judges think that scope too broad. We would not apply an "interest-balancing" approach to the prohibition of a peaceful neo-Nazi march through Skokie.

Funtimes
08-22-2011, 6:29 PM
Heller has the comment about "the third branch."

-Gene

Thanks guys! That comment helps.

I also found one in Nordyke as well, and a couple other cases. Was into some heavy research last night.