Spring semester exams are upon us. First up, Con Law, tomorrow morning.
One of the thorny topics that has come up along the way: substantive due process, which could be summed up as the court intervening when they believe that life, liberty, and property have been taken away in ways they don't like/that make them uncomfortable. One of the themes of the course has been moving past our own personal beliefs in thinking through the line of cases and looking at them on the basis of the constitution, the textual check on the democratic process. With respect to judicial review, our prof's general position has been that once they reach a conclusion concerning constitutionality, the court's job is done. The political implications and public reaction are none of their business.
Tomorrow, I may spend an hour writing an essay fleshing it all out. For now, I'll let the Rock sum it up. http://www.youtube.com/watch?v=ETShkg-65fY
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