A precedent for texting ALL of the time.
In its sweeping disregard of history, precedent and constitutional text, the chief justice's 5-to-4 opinion in the voting rights case was startling for its naked activism, but no one watching the court over the past few years could have been surprised by the outcome.
But the four dissenting justices not only accepted it but deemed it powerful enough to trump the commands of constitutional text and precedent.
While their claim would enable a minority of Senate Republicans to veto international agreements, it does not have a basis in either the constitutional text or precedent.
The latter purported "right" is unsupported by constitutional text or precedent and contrary to common sense and the ideals of the political community.
Mr. Yoo's dismay affirms that Ms. Kagan will be guided by constitutional text and court precedent, not by suspect theories cooked up to buttress presidential extremism.
In describing his interpretive philosophy, Breyer has sometimes noted his use of six interpretive tools: text, history, tradition, precedent, the purpose of a statute, and the consequences of competing interpretations.
Discourse analysis is concerned with how certain types of knowledge and power have taken precedent over others in producing the text and considers that texts gain authority from building on more powerful resources [ 18].
Many of the texts, citing historical precedent, assert ISIS's legitimacy — ISIS's triumphs, it seems, were anticipated by Muhammad's feats of conquest in the seventh century.
One answer is that whatever measures are necessary to save the nation from suicide are, if not compelled, at least permitted by the Constitution, whatever the text, history or precedents might seem to imply.
