Word: consenting
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Despite his admiration of Warren, whom he extravagantly calls "the greatest Chief Justice after John Marshall," Harvard Law Professor Archibald Cox argues that this lack is an important failing. Only by virtue of how well the court explains itself can it command consent. Its prestige comes "from the belief that the major influence in judicial decisions is not fiat but principles which bind the judges and apply consistently among all men." In addition, lack of precision leads to confusion, and confusion leads to the necessity of reinterpretation. Though the Warren court is by no means the first to spend time...
Distressing as the realization may be, according to the precepts of liberal politics by which we have organized our communal lives for more than two centuries, we are all complicitous unless we actively withdraw our consent from society, or deny ourselves its protections--of which the 2S deferment is the first to come to mind. Regrettably or not, very few of us have done that; this exposes as a gross version of cowardice (and as untoward naivete) our arrogant projection of dissident heroism onto the President and Fellows of Harvard College. Nor are fishing expeditions into University investments or sources...
...down to the headquarters of SNAP (South End Neighborhood Action Program), the local branch of the War on Poverty. The group demanded that SNAP give them funds to start their own version of Head-start, a tutoring program for pre-school children. Reginald Eaves, director of SNAP, gave his consent, and appropriated $700 to pay for textbooks and supplies. Several mothers volunteered as teachers, and the "Action School" opened in a local church...
Though it has a constitutional duty to give the President its "advice and consent" on treaties, the U.S. Senate exerts little influence on American foreign policy. The Chief Executive, as in most countries today, runs his country's foreign relations. Most Senators reluctantly accept their ever more limited role in this area; some do not. It is thus a measure of Johnson's declining prestige in Congress that the Senate should have seriously considered a resolution declaring that national commitments to foreign governments would henceforth be binding only when Congress agreed on them with the President...
...This led Andrew Carnegie, Mark Twain, ex-President Cleveland and other dissenters to denounce what they called President McKinley's "effort to extinguish the spirit of 1776." They held with Lincoln, they said, that "no man is good enough to govern another man without that man's consent." To many Americans, that was the very essence of Americanism-and, ultimately, they carried the day. The U.S. gave Cuba and the Philippines back to the people...