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Civic Knowledge and Skills That We All Need to Constructively Handle Intractable Conflict >
Reconciliation >
Using Fair Processes to Make Decisions When When Win-Lose Choices Are Unavoidable
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Legitimacy
It is important to take legitimacy into consideration in the formation of any conflict resolution process. Otherwise, any agreement reached, no matter how visionary, is unlikely to hold. Leaders, too, must have legitimacy; otherwise their power is tenuous.
Related Folders
Judicial Processes
Though it is considered in U.S. law to be the "last resort," judges can and sometimes do overstep their authority to enforce the law, and do so in a way that causes observers to claim they are making their own laws, based on their own preferences, rather than the Constitution or legal precedent. This is called judicial activism and is usually very controversial.
Colleague Activities
Trust in SCOTUS in the wake of Roe v. Wade
80% of Americans think the Supreme Court should be independent from politics. Before Dobbs, 39% thought it actually was; after Dobbs that number was down to 24%.
News and Opinion
Ignore the Histrionic Attacks on the Supreme Court
Amid attacks from the left on the legitimacy of the Supreme Court, an argument that the court has, in fact, been fulfilling its responsibilities under the US system of checks and balances.
News and Opinion
The Supreme Court Case That Exemplifies Our Culture War Blindness
Justice is a one-size-fits-all concept that must be applied equally to all. This essay explores the difficulties we have in living up to this principle.
News and Opinion
The Supreme Court Isn't Rogue
An article about the Supreme Court that makes an important distinction between conflicts over differing legal philosophies and attempts to subvert the rule of law.
News and Opinion
The 'MAGA Supreme Court' Doesn't Exist
A reassuring analysis of recent Supreme Court decisions that argues that, while conservative in its legal orientation, the Court is upholding the rule of law and not merely rubberstamping the MAGA agenda.
News and Opinion
Supreme Court Reform Is in the Air
An especially good overview of proposals to "reform" the Supreme Court and the relative advantages and disadvantages of each.
News and Opinion
What Recourse Does the Supreme Court Actually Have?
Useful information for those trying to think through what might happen if (maybe when) President Trump decides to directly defy a Supreme Court order.
News and Opinion
The Supreme Court Has No Army
Reflections on the ultimate source the Supreme Court's power and its ability to exercise its Constitutional role as final arbiter of legal disputes.
News and Opinion
Will This Conservative Legal Doctrine Undo Trump's First Months in Office?
The timely article explaining the Supreme Court's new "major questions doctrine" and the role that it may play in determining the legality of many Trump administration initiatives.
News and Opinion
The Supreme Court Is Watching Out for the Courts, Not for Trump
A reassuring look at recent Supreme Court decisions that contrast with more popular partisan analyses and gives hope that the judiciary may continue to fulfill its constitutional role.