Popular Constitutionalism and Non- Judicial Precedents

-

 Popular Constitutionalism gives the courts the power to uphold or reject any legislation put forward. This term refers to the ability for national dialog outside of the nation to affect the way the constitution is viewed."However, for more than twenty years, a growing number of scholars have theorized that constitutional meaning emerges over time through a kind of national dialogue that includes many more voices than those of judges alone.26That is the essence of popular constitutionalism."(Smith)

 

 The other idea discussed is one called Non- Judicial Precedents. This is when actions outside of the courts create laws that people want. These start by starting conversations outside of the court system. "To make a point, to appease important constituencies, to encourage other States to follow suit.” (Smith)

 

 

 

Photo of the Author:

Dean Smith


Comments

Post a Comment

Popular posts from this blog

Town hall on Slavery

-
Image
  Henry Clay was known as the great compromiser. Henry Clay had a way to drive the public insane. Henry Clay created a compromise known as the Missouri compromise. This compromise allowed Missouri to enter in as a slave state and allow Maine to enter in as a free state. This was supposed keep the balance between slave and free state. Henry Clay started bounty hunting. Henry Clay was trying to faze out slavery. Let it happen over time to keep the South from falling. In 1833 he solved the problems he created, Henry Clay owned 60 slaves but released them before his death. Henry Clay paid for all of his slaves education. He tried to make everything better.              
Read more

Reconstruction Video

-
Image
 After watching the video on reconstruction it really opened my eyes to how not that long ago it was. Just in 2015, a kid walked into a predominantly black church said a prayer and opened fire in the middle of the church causing harm to nine victims. This issue goes back years to a time period we call reconstruction. Reconstruction was a time in which we got rid of the old ways and tried to create new ways. In these ways it caused the old whites to be angry with the new way. It caused tension between the old lights and the new lights.  The African American culture was under attack, the old whites were trying to erase everything that has happened. There were many different attempts and different events that have occurred to harm the African American group.  
Read more

President Andrew Johnson and His Role on Reconstruction

-
Image
  Andrew Johnson became president in 1865 when Abraham Lincoln was shot by John Wilkes Booth. President Johnson only served one term. Served as Vice President under Lincoln because he helped gain the support of southerners who supported the union. President Johnson was impeached in the house but not in senate by only one vote. President Johnson was a southern who had ideas that black people were worth less than a white person.He vetoed anything that put blacks at the same level of whites. He made a amendment where whites can get all land but blacks do not get any land. Another way President Johnson made sure that blacks could not become equal was that Johnson vetoed the civil rights bill of 1866 , which would extend liberties of whites to blacks.
Read more