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A Summary of Deconstructing the Republic: Voting Rights, the Supreme Court, and the Founders’ Republicanism Reconsidered

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Abstract:

BOOK EXPLAINS SUPREME COURT’S VRA LAW AS RESULT OF 2 IDEAS:

(1) JUDICIAL RATIONALISM
Based on Hayek’s idea of “constructivist rationalism,” which Hayek used to critique the planned economy: that the political branches did not have the knowledge necessary to regulate social and economic life.

What Hayek said about the political branches of government is equally true of the judicial branch. What distinguished Supreme Court jurisprudence through the last half of the twentieth century as much as anything was its assumption that it could rationally reconstruct American republicanism from the top down in accordance with a preconceived vision of “fairness”–began with reapportionment cases of 1960s.

(2) POLITICS OF MULTICULTURALISM

I define the politics of multiculturalism as a vision of America that considers race and ethnicity not merely as sources of identity and of mutual interest but as legally determinative categories that afford legitimate foundations for claims to representation and political rule.

MADISONIAN v. MULTICULTURAL REPUBLICANISM.

Most Common Document Word Stems:

right (13), polit (11), v (10), vra (10), racial (8), republican (8), vote (8), american (8), state (7), minor (7), multicultur (6), court (6), ration (6), race (5), 2 (5), cd (5), district (4), founder (4), generat (4), judici (4), faction (4),

Author's Keywords:

Judicial Rationalism, Supreme Court, Multiculturalism
Convention
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Association:
Name: APSA 2008 Annual Meeting
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http://www.apsanet.org


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URL: http://citation.allacademic.com/meta/p294778_index.html
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MLA Citation:

Peacock, Anthony. "A Summary of Deconstructing the Republic: Voting Rights, the Supreme Court, and the Founders’ Republicanism Reconsidered" Paper presented at the annual meeting of the APSA 2008 Annual Meeting, Hynes Convention Center, Boston, Massachusetts, Aug 28, 2008 <Not Available>. 2014-12-01 <http://citation.allacademic.com/meta/p294778_index.html>

APA Citation:

Peacock, A. A. , 2008-08-28 "A Summary of Deconstructing the Republic: Voting Rights, the Supreme Court, and the Founders’ Republicanism Reconsidered" Paper presented at the annual meeting of the APSA 2008 Annual Meeting, Hynes Convention Center, Boston, Massachusetts Online <APPLICATION/PDF>. 2014-12-01 from http://citation.allacademic.com/meta/p294778_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: BOOK EXPLAINS SUPREME COURT’S VRA LAW AS RESULT OF 2 IDEAS:

(1) JUDICIAL RATIONALISM
Based on Hayek’s idea of “constructivist rationalism,” which Hayek used to critique the planned economy: that the political branches did not have the knowledge necessary to regulate social and economic life.

What Hayek said about the political branches of government is equally true of the judicial branch. What distinguished Supreme Court jurisprudence through the last half of the twentieth century as much as anything was its assumption that it could rationally reconstruct American republicanism from the top down in accordance with a preconceived vision of “fairness”–began with reapportionment cases of 1960s.

(2) POLITICS OF MULTICULTURALISM

I define the politics of multiculturalism as a vision of America that considers race and ethnicity not merely as sources of identity and of mutual interest but as legally determinative categories that afford legitimate foundations for claims to representation and political rule.

MADISONIAN v. MULTICULTURAL REPUBLICANISM.


Similar Titles:
Race and the Politics of Criminal Cases on State Supreme Courts

New Judicial Politics: Interest Groups in State Supreme Court Races


 
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