Anti-terrirosm legislation and legal theorists
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John H. Ely: The Political Process and Discrimination
John H. Ely's argument has to do with the political process being obstructed and laws that target certain minorities. He argues that the law itself doesn't matter, unless a minority group has been restricted in representation in the political process (Ely 56) or where a certain group is targeted (Ely 55). Ely argues that not all battles need to have a constitutional violation to be heard by the courts, the political process is most important.
Ely based his argument on the Carolene Products footnote, where the Justice said it was not…
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