Anti-terrirosm legislation and legal theorists
Title: Anti-terrirosm legislation and legal theorists
Category: /Law & Government/Law Issues
Details: Words: 3683 | Pages: 13 (approximately 235 words/page)
Anti-terrirosm legislation and legal theorists
Category: /Law & Government/Law Issues
Details: Words: 3683 | Pages: 13 (approximately 235 words/page)
John H. Ely: The Political Process and Discrimination
John H. Ely's argument has to do with the political process being obstructed and laws that target certain minorities. He argues that the law itself doesn't matter, unless a minority group has been restricted in representation in the political process (Ely 56) or where a certain group is targeted (Ely 55). Ely argues that not all battles need to have a constitutional violation to be heard by the courts,
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or strike down because we live in a democracy, and politicians make laws based on what the majority wants. The problem is that the only way a politician can enforce a rule is by making it a law, or this would allow for individuals to pick and choose which rules they follow. The only place laws can be challenged is in the courts, so judges have to rule on all laws that the politicians make.