Is Roberts a Strict Constructionist?

2005-07-25 Thread marty . lederman
Constitutional protections . . . should not depend merely on a strict construction that may allow 'technicalities of form to dictate consequences of substance.' As the Court remarked in the leading contract clause case of this century [Blasidell], 'where constitutional grants and limitations

RE: Is Roberts a Strict Constructionist?

2005-07-25 Thread Sanford Levinson
Title: Is Roberts a Strict Constructionist? Marty quotes a passage from Roberts's casenote accept the Blaisdell majority's description ofthe Contracts Clause as one of the Constitution's "general clauses, which afford a broad outline" and therefore require "constructio