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Full-Text Articles in Political Science
Dog Whistling, The Color-Blind Jurisprudential Regime And The Constitutional Politics Of Race, Calvin J. Terbeek
Calvin J TerBeek
Ian Haney Lopez’s new book, "Dog Whistle Politics: How Coded Racial Appeals Have Reinvented Racism and Wrecked the Middle Class", has a provocative thesis. Lopez contends that dog-whistling, that is, coded racial rhetoric, “explains how politicians backed by concentrated wealth manipulate racial appeals to win elections and also to win support for regressive policies that help corporations and the super-rich, and in the process wreck the middle class." Though this may seem plausible enough, the thesis cannot stand up to scrutiny; the relevant political science literature provides no support for this. What is more, Lopez's treatment of the ...
Avoiding The Guillotine: The Need For Balance And Purpose In Determining Fundamental Rights Under The Fourteenth Amendment, Timothy A. Campbell
Timothy A Campbell
This Article examines the need to bridge the two fields of thought in fundamental rights jurisprudence. This Article argues two points. Broadly, an objective principle to determine fundamental rights is non-existent because rights by their nature are subjective. Hence, the Court must accept some subjectivity, but it needs to install guideposts to direct the judge’s discretion. The Court also needs to adopt a balanced approach that combines rationalism and traditionalism. They need to look at the purpose of the asserted right, the specificity of the asserted right, legal precedent, and history in formulating a balanced approach.