Rational Basis Revue

2000; RELX Group (Netherlands); Linguagem: Inglês

ISSN

1556-5068

Autores

James Ming Chen,

Tópico(s)

Law, Rights, and Freedoms

Resumo

Constitutional Commentary is no stranger to legal analysis of music or to musings on legal analysis. Seven years [have] disappear[ed] below [our] feet since this journal last exercised its quasiconstitutional right to make bad parodies of copyrighted music. Those same seven years have lapsed since Supreme Court lauded Creedence Clearwater Revival as of greatest American rock and roll bands of all time. Who'll stop rain? Ah, those seven years were an innocent time, when we loved law and laid golden orchid crowns around [its] feet. But most controversial equal protection case in recent memory has put that relationship to test. The Supreme Court's pivotal role in ending longest election night in living memory has shaken the Nation's confidence in [Justices] as ... impartial guardian[s] of rule of Not since Gerald Gunther penned phrase basis with a bite has low-level judicial review stung so bitterly. The exact meaning of rational basis review is probably one of few remaining unsolved doctrinal puzzles in American constitutional law. Even presidential candidates know that now. Poor Al! Unable to beat rap, he went down by law.

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