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The 's Actions Were On Substantive Concerns As A Result Of Consequences Legal Formalism Created Essay

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Question 1: Gov. McAuliffe’s actions were based on substantive concerns as a result of consequences legal formalism created. His actions were of substantive justice because he was concerned with how the laws were disenfranchising minorities who had been released from prison by taking away their right to vote. This is substantive justice because Gov. McAuliffe is trying to get justice for prisoners to be able to vote since it is their human right to do so in the United States. This is substantive because it is working towards doing what is right for individuals when the laws are not able to uphold fairness and justice (Sutton 2001). I think the VA Supreme Court’s were mainly formal concerns because they were upholding the laws and basing all of their decisions based on what the laws stated and how they were carried out (Sutton 2001). For example, the fact that they did not support Gov. McAuliffe passing the executive order because he did not legally have the power to do so. Then when Gov. McAuliffe starting individually signing orders to give back voting rights to individuals the VA Supreme Court did not stand in his way of doing so because his actions were within the law. I think Gov. McAuliffe’ decision to individually restore the voting rights of felons is illegitimate because his actions did not fall under every part of legal-rational authority that he does have. Under legal-rational authority, obedience to laws are expected because the laws are seen as legitimate,

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