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Legal Conservatism and Executive Discretion

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Abstract:

This paper examines legal conservative views on executive discretion, as expressed by conservative Supreme Court Justices, in order to better understand conservative thinking about law as an aspect of modern governance in areas as diverse as employment, schools, health care facilities, jails and prisons, immigration and aliens, emergency powers, war and national security, and foreign policy. It is important to understand legal conservatism because conservatives have a working majority on the Supreme Court. Furthermore, the Rehnquist Court’s interpretation of Eight Amendment violations in domestic prisoner abuse cases have had “a profound impact on the recent ‘Torture Memos,’ which provide the legal basis for routinizing exceptional treatment” (Dayan).

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law (81), court (66), prison (55), constitut (50), power (47), conserv (45), execut (43), v (35), right (35), u.s (34), justic (33), legal (33), rule (31), case (30), public (30), discret (30), govern (29), use (29), thoma (29), judici (24), major (22),
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Name: Southwestern Political Science Association
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MLA Citation:

Lenz, Timothy. "Legal Conservatism and Executive Discretion" Paper presented at the annual meeting of the Southwestern Political Science Association, New Orleans, LA, Fairmont Hotel, Mar 23, 2005 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p88860_index.html>

APA Citation:

Lenz, T. , 2005-03-23 "Legal Conservatism and Executive Discretion" Paper presented at the annual meeting of the Southwestern Political Science Association, New Orleans, LA, Fairmont Hotel Online <.PDF>. 2009-05-25 from http://www.allacademic.com/meta/p88860_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper examines legal conservative views on executive discretion, as expressed by conservative Supreme Court Justices, in order to better understand conservative thinking about law as an aspect of modern governance in areas as diverse as employment, schools, health care facilities, jails and prisons, immigration and aliens, emergency powers, war and national security, and foreign policy. It is important to understand legal conservatism because conservatives have a working majority on the Supreme Court. Furthermore, the Rehnquist Court’s interpretation of Eight Amendment violations in domestic prisoner abuse cases have had “a profound impact on the recent ‘Torture Memos,’ which provide the legal basis for routinizing exceptional treatment” (Dayan).

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Associated Document Available Political Research Online
Associated Document Available Southwestern Political Science Association

Document Type: .PDF
Page count: 26
Word count: 7142
Text sample:
1 LEGAL CONSERVATISM AND EXECUTIVE DISCRETION By Timothy O. Lenz Professor of Political Science Florida Atlantic University Boca Raton Florida Atlantic University Paper prepared for presentation at the Annual Meetings of the Southwestern Political Science Association New Orleans LA March 2005 1 2 Legal Conservatism and Executive Discretion The American commitment to the rule of law is professed so often that it is considered one of the values that constitute the American Creed a kind of civic nationalism (Lieven).
Boston Review. (October/November). Http://bostonreview.net/BR29.5/dayan.html. Accessed Feb.14 2005. 25 26 Lieven Anatol America Right or Wrong: An Anatomy of American Nationalism. Oxford University Press. Sabel Charles F. and Simon William H. 2004. "Destabilization Rights: How Public Law Litigation Succeeds." Harvard Law Review 1016-1101. Whittington Keith. 2003. "Executive Power in American Institutional Development." Perspectives on Politics. 1:3 (September): 495:513. 26


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