When at Times the Mob Is Swayed

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When at Times the Mob Is Swayed Page 27

by Burt Neuborne


  lame-duck period for

  Mueller investigation and

  preferential voting for

  Republican senators in

  Trump and

  turnout for elections

  2014 elections of

  2018 elections of

  Violence Against Women Act passed by

  war powers of

  Watergate and

  congressional leadership, of Republicans

  Connecticut Compromise

  Constitution. See also specific Amendments

  ambiguity of

  amendments to

  Article IV of

  electors and

  equality and

  living

  purple

  red or blue

  right to vote and

  separation of powers and

  Trump, protection from

  constitutional cases

  constitutional lawyers

  constructive originalism

  corporations, autonomy rights of

  court-packing

  cult of personality

  cultural Armageddon

  Debs, Eugene

  deep state

  Deepwater Horizon oil spill (2010)

  deference

  Delaware

  democracy

  Democracy Vouchers

  Democrats

  hyper-partisanship of

  as party of racial segregation

  Supreme Court, U.S., controlled by

  Dennis v. United States

  Department of the Interior, U.S.

  deportation, of undocumented aliens

  deregulation

  deus ex machina

  dictum

  discriminatory purpose

  disenfranchisement

  felon

  voter

  disparate impact

  District of Columbia statehood

  District of Columbia v. Heller (2008)

  Douglas, William O.

  draft card burners

  Dreamers

  Obama and

  separation of powers and

  Trump and

  Dred Scott v. Sandford

  due process, substantive

  Dunn v. Blumstein

  Eastern European Jews, immigration by

  educational equity

  egalitarian democracy

  Eisenhower, Dwight

  Election Day

  elections. See specific elections

  electoral brakes

  Electoral College

  Clinton, H., and

  as democracy-challenged institution

  election of Presidents by

  Hays victory in

  indirect election by

  majority rule and

  popular vote compared to

  representational imbalance in

  rural constituencies and

  rural states and

  Trump victory in

  Twelfth Amendment and

  2016 election and

  undemocratic nature of

  urban majority and

  votes per state for

  voting and

  enslaved people. See slavery

  equality

  Constitution and

  free speech as autonomy and

  Kavanaugh commitment to

  equality-based protections of democracy

  equitable estoppel

  executive orders

  fake news

  Federal Communications Commission, U.S. (FCC)

  federal courts

  federal immigration detention camps

  federal income taxes

  federalism

  to protect the weak

  as shell game

  as states rights

  felon disenfranchisement

  field preemption

  Fifteenth Amendment (1870)

  Fifth Amendment

  filibuster

  First Amendment

  burning draft cards and

  for campaign spending

  Congress, U.S., and

  felon disenfranchisement and

  for free speech

  gerrymandering and

  law of democracy and

  meaning of

  protection for voting

  strict scrutiny and

  for voting rights

  Florida Supreme Court

  Ford, Gerald

  Fortas, Abe

  Founders

  Constitutional text and

  judicial review and

  literalism and

  multi-member districts and

  originalism and

  separation of powers and

  Fourteenth Amendment (1868)

  Fox Broadcasting Company

  Frankfurter, Felix

  free press

  free radios, of Hitler

  free speech

  as autonomy and equality

  autonomy-based rights as

  campaign spending as

  First Amendment for

  voting as

  French Declaration of the Rights of Man

  Fugitive Slave Act (1850)

  Garland, Merrick

  Germany

  gerrymandering

  First Amendment and

  Supreme Court, U.S., on

  gig economy

  Ginsburg, Ruth Bader

  Gitlow v. New York (1925)

  Giuliani, Rudy

  Goldberg, Arthur

  Gonzales v. Carhart (2007)

  Gore, Al

  Gorsuch, Neil

  government shutdown

  grand jury

  Great Depression

  Green Party

  Guantánamo Bay, Cuba

  gun control

  habeas corpus, writs of

  Hamilton, Alexander

  Hammer v. Dagenhart

  Harlan, John Marshall, II

  Harper v. Virginia Board of Elections

  Hays, Rutherford

  Hitler, Adolf

  closed borders by

  election margin of

  free radios of

  German industry and

  legitimacy of democracy and

  on lying press (Lügenpress)

  military service of

  misogyny by

  political base of

  Ruhr seized by

  Treaty of Versailles and

  holding

  Holmes, Oliver Wendell, Jr.

  horizontal federalism

  House of Commons

  House of Lords

  House of Representatives

  Connecticut Compromise and

  deregulation and

  gerrymandering for

  as partisan swamp

  hyper-partisanship

  ICE. See Immigration and Customs Enforcement

  immigration

  asylum seekers and

  Congress, U.S., and

  of Eastern European Jews

  national quota system for

  Obama and

  Trump on

  Immigration and Customs Enforcement (ICE)

  impeachment

  incorporation doctrine

  independent counsel

  individual autonomy

  campaign finance law and

  equality, difference of

  equality, same as

  institution of deferred democracy

  Internal Revenue Service (IRS)

  internet, for campaign spending

  IRS. See Internal Revenue Service

  ISIS

  Israeli Holocaust Museum (Yad Vashem)

  Jackson, Andrew

  Jackson, Robert

  Japanese Americans, internment of

  Jay, John

  Jefferson, Thomas

  Johnson, Andrew

  Johnson, Lyndon

  Jones, Paula

  judge-shopping

  judicial review

  Kagan, Elena

  Kavanaugh, Brett

&n
bsp; commitment to equality and

  confirmation hearing of

  as Supreme Court, U.S., justice

  as Trump’s nominee

  Kennedy, Anthony

  KGB

  Korean War

  Korematsu v. United States

  Kramer v. Union School District

  La Follette, Robert, Sr.

  lame-duck period

  Lamont v. Postmaster General

  legal pyramid

  appellate courts on third rung of

  lawyers on bottom rung of

  Supreme Court, U.S., on apex of

  trial courts on second rung of

  Lewinsky, Monica

  Lincoln, Abraham

  literalism

  living Constitution

  Lochner v. New York

  lock her up

  Long, Huey

  Lyft

  lying press (Lügenpress)

  Madison, James

  “Make America Great Again”

  malapportionment, of U.S. Senate

  Marbury v. Madison (1803)

  marketplace of ideas

  Marshall, John

  Marshall, Thurgood

  matching contributions

  McCarthyism

  McCutcheon v. Federal Election Commission (2014)

  Meese v. Keene

  Mexican border wall

  minimum wage, maximum hours and

  minority President

  misogyny

  money in elections

  Montesquieu

  Mueller, Robert

  Mueller investigation

  multi-member districts

  Muslim travel ban

  Mussolini, Benito

  My New Order (Hitler)

  Myers v. Nebraska (1923)

  National Emergencies Act (1976)

  national emergency

  National Enquirer

  National Labor Relations Act

  national popular vote, G

  national quota system, for immigration

  National Rifle Association

  Nazis

  negative separation of powers

  net neutrality

  New Deal

  New York City

  New York Times

  New York Times v. Sullivan

  9/11

  Nineteenth Amendment (1920)

  Nixon, Richard

  Nixon v. Fitzgerald

  nominating process

  non-contestable elections

  Northwest Ordinance (1787)

  Nunes, David

  Obama, Barack

  obstruction of justice

  offshore oil drilling

  off-year elections

  one-person, one-vote

  originalism

  pack and crack

  Parliament

  peanut butter conspiracy

  Pentagon Papers

  Perón, Juan

  Philadelphia Constitutional Convention

  Phoenix v. Kolodziejski

  Pierce v. Society of Sisters (1923)

  Planned Parenthood v. Casey (1992)

  Plessy v. Ferguson

  Pol Pot

  police power

  political bosses

  political contributions. See campaign finance law

  political parties

  political question doctrine

  political representation, of undocumented aliens

  popular vote

  Clinton, H. and

  Electoral College compared to, 2016

  election and

  populism

  positive separation of powers

  Posner, Richard

  Powell, Lewis

  pragmatists

  precedents

  as confused

  judges values and

  lack of

  persuasive

  preemption, process of

  preferential voting

  presidential elections

  Prigg v. Pennsylvania

  primary elections

  Printz v. United States

  Progressive Party

  proportional representation

  Puerto Rico statehood

  purposivism

  Putin, Vladimir

  al Qaeda

  racial equity

  racism, of Trump

  Reagan, Ronald

  Rehnquist, William

  Reichstag

  reproductive freedom

  Republicans

  congressional leadership of

  hyper-partisanship of

  national popular vote and

  as party of Lincoln

  Supreme Court, U.S., controlled by

  Trump criticized by

  res judicata

  resistance, acts of

  Reynolds v. Sims

  Richardson v. Ramirez

  right to vote

  Roberts, John

  Robespierre

  Roe v. Wade (1973)

  Roosevelt, Franklin D.

  Roosevelt, Teddy

  rule of law

  rural America

  Russell, Richard

  Russia

  Rust v. Sullivan

  San Antonio v. Rodriguez

  sanctuary cities

  Scalia, Antonin

  judicial review and

  as originalist

  replacement for

  Second Amendment

  secret ballot

  Seminole Tribes v. Florida

  Senate, U.S.

  filibuster

  malapportionment of

  Supreme Court, U.S., confirmation hearing and

  weighted voting in

  Senate Judiciary Committee

  separate but equal

  separation of powers

  administrative state and

  Dreamers and

  negative

  positive

  war powers and

  Seventeenth Amendment (1913)

  Shelby County v. Holder (2013)

  Sherman Antitrust Act (1890)

  Shipping Act (1916)

  Sinclair Broadcasting Company

  slavery

  Civil War and

  perpetuation of

  Virginia and

  Smith, Adam

  Socialist Party

  Sotomayor, Sonia

  Souter, David

  Soviet Union

  special counsel

  special prosecutor

  Stalin, Joseph

  stare decisis

  Starr, Ken

  State constitutions

  States, division of

  States’ rights

  Statue of Liberty

  Stein, Jill

  Stendhal

  strict scrutiny test

  structural constitution

  substantive due process

  Supreme Court, U.S. See also collective equality; individual autonomy

  on Affordable Care Act

  on agency fees

  American flag, burning of

  on bipartisan districting commissions

  on campaign contributions by noncitizens

  on campaign spending

  confirmation hearing

  constructive originalism and

  deference and

  Democratic control of

  on Dreamers

  on felon disenfranchisement

  Founders and

  on gerrymandering

  as institution of deferred democracy

  judicial review and

  justices values and

  literalism and

  on minimum wage and maximum hours

  on Muslim travel ban

  national emergencies and

  originalism and

  pragmatists and

  precedents of

  preemption and

  on primary elections

  purposivism and

  Republican control of

  on right to vote

  separation of powers and


  on slavery

  strict scrutiny test and

  textualists and

  on third-party candidates

  at top of legal pyramid

  Trump and

  tyranny of the majority and

  war powers and

  Taliban

  tariffs

  tax credits, for campaign spending

  tax returns

  Texas, Dreamers, and

  textualists

  third-party candidates

  Thirteenth Amendment (1865)

  Timmons v. Twin Cities Area New Party

  Title VII

  Title VIII

  totalitarianism

  trade wars

  Treaty of Versailles

  Truman, Harry

  Trump, Donald

  Affordable Care Act and

  attacks on free press by

  campaign finance laws and

  on climate change

  Clinton, H., and

  closed borders and

  Congress, U.S., and

  Constitution and

  on cultural Armageddon

  deep state and

  deregulation and

  Dreamers and

  election of

  Electoral College and

  fake news and

  federalism and

  Giuliani and

  government shutdown by

  Hitler speeches and

  on immigration

  impeachment of

  Kavanaugh nominated by

  Mexican border wall and

  as minority president

  misogyny by

  Muslim travel ban by

  narcissism of

  national emergency and

  obstruction of justice and

  as racist

  Republican criticism of

  rhetoric of

  Russia and presidential campaign

  sanctuary cities and

  separation of powers and

  Supreme Court, U.S., and

  tariffs by

  tax returns of

  trade wars by

  tweets by

  2016 election and

  2020 census and

  undocumented aliens and

  unions and

  Veterans Day military parade and

  Vietnam, medical exemption from

  Trump. Donald

  on immigration

  Trump v. Hawaii

  tweets, by Trump

  Twelfth Amendment (1804)

  Twentieth Amendment (1933)

  2014 election

  2016 election

  Electoral college and

  popular vote and

  Russia and

  Trump and

  2020 census

  Twenty-Fifth Amendment (1967)

  Twenty-Fourth Amendment (1964)

  Twenty-Second Amendment (1951)

  Twenty-Sixth Amendment (1971)

  Twenty-Third Amendment (1961)

  tyranny of the majority

  Uber

  Underground Railway

  undocumented aliens

  deportation of

  political representation of

  Trumps tweets on

  unions

  United States v. Lopez

  United States v. Morrison (2000)

  United States v. Nixon

  United States v. O’Brien

  urban America

  vertical federalism

  Veterans Day

  Vietnam War. See also draft card burners

  violence against women

  Violence Against Women Act (1994)

  Virginia

  viva voce voting

  voter disenfranchisement

  voter IDs

  voter registration

  voter turnout

 

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