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Compare And Contrast Lawrence Vs Texas

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In Lawrence v. Texas, Justice Scalia argued in his dissent that the “law in question was firmly rooted in our history” and that it was acceptable to criminalize immoral conduct. Political battle, his argument was if the people expressed their will in one way through the political system, it’s not the courts role to intervene. In Contrast, the majority saw the case about individual rights. An originalist believe s “that the fundamental rights are limited to those liberties explicitly stated in the text or clearly intended by the framers” (Chemerinsky 829). Justice Scalia as an originalist play believed that the “law in question has been firmly rooted in our history” (Alexander 120).

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