When justice black makes reference to cox v. louisiana in the dissenting opinion for tinker v. des moines which kind of reasoning is he using to support his argument
precedent
pathos
logical fallacy
judicial review
Justice Black is using precedent to support his argument in the dissenting opinion for Tinker v. Des Moines.
When Justice Black makes reference to Cox v. Louisiana in the dissenting opinion for Tinker v. Des Moines, he is using precedent reasoning to support his argument. Precedent reasoning involves referring to previous court decisions that are relevant to the current case being discussed. By referencing Cox v. Louisiana, Justice Black is relying on the past decision to strengthen his argument and demonstrate that the principles and reasoning of that case should be applied to the present case.
When Justice Black makes reference to Cox v. Louisiana in the dissenting opinion for Tinker v. Des Moines, he is using the reasoning of precedent to support his argument.
Precedent refers to legal cases or decisions that have established a legal principle or interpretation of the law. In this case, Justice Black is referring to the Cox v. Louisiana case as a precedent to argue against the majority opinion in Tinker v. Des Moines.
By citing Cox v. Louisiana, Justice Black is using the principle of stare decisis, which means that courts should generally adhere to precedent and not overturn past decisions lightly. He is arguing that the majority decision in Tinker v. Des Moines is inconsistent with the precedent set by the Cox v. Louisiana case, and therefore should not be followed.
So, in this context, Justice Black's reference to Cox v. Louisiana demonstrates his use of precedent-based reasoning to logically support his dissenting argument.