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4 - Opening the Floodgates

Big Business, Citizens United, and Evaluations of the Court

Published online by Cambridge University Press:  22 March 2021

Michael A. Zilis
Affiliation:
University of Kentucky
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Summary

The Constitution protects a diverse array of groups. The Framers viewed political and religious minorities as particularly worthy of safeguard, and later developments brought racial groups, women, and the poor into this fold. Yet, a separate strain in American political and jurisprudential thought has carved out a place for others, including those that inherently wield a measure of advantage. No less a constitutional thinker than James Madison emphasized the importance of protecting the rights of the wealthy. “The minority of the opulent,” Madison argued, must be protected from majority domination (quoted in Matthews 2005, 54).

Type
Chapter
Information
The Rights Paradox
How Group Attitudes Shape US Supreme Court Legitimacy
, pp. 51 - 65
Publisher: Cambridge University Press
Print publication year: 2021

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