The Constitutional Pivot
Liberty Law Talk
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Law as Tradition
The standard that the court uses was developed in washington versus gluxburg. That says a right, in order to be conferred by the fourteenth amendment, if it's not enumerated, has to be deeply rooted in the nation's traditions. The courts are supposed to protect traditions. A itsort of a backward looking view. I you might say, if this were really well applied, you'd protect a lot of traditional rights versus new understandings. And so it would be deeply conservative in that sense.
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