Presumed Constitutionality

Attorney General Holder answered the Fifth Circuit’s odd letter of concern with a statement supporting the notion of judicial review — obviously — but noting that a presumption of constitutionality attaches to acts of Congress, except in rare cases. Conservative sites spin this as surprising, and a pitch to Justice Kennedy. It’s… not. Unless laws implicate fundamental rights, or classify on the basis of a suspect class (race), they are presumed to be constitutional. To the extent that this is an answer to Justice Kennedy’s question about the government’s “heavy burden,” it’s uncontroversial, and one he’ll be expecting.

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One comment

  1. THANK YOU for posting this! Always love visiting – keep up the great work!

    Steve
    Common Cents
    http://www.commoncts.blogspot.com

    ps. Link Exchange??

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