Public Values in Constitutional LawStephen E. Gottlieb University of Michigan Press, 1993 - 284 pages The United States Supreme Court contends that it must weigh constitutional claims against critical government interests - considerations of public policy so compelling that constitutional rights may be sacrificed to them. Although these interests have been an explicit part of constitutional law since 1961, there has been little discussion of the nature, weight, and application of such claims. Increasingly, these interests are merely tolerated out of necessity in apparent derogation of the Constitution. This timely volume provides a critical examination of the concept and substance of compelling interests, probing the significance and implications of their unwritten and discretionary character, ultimately illuminating the scope of values developed as compelling interests. Public Values in Constitutional Law has no parallels, predecessors, or close cousins and so will fill an important niche in the study of constitutional law, proving indispensable to jurists, scholars, and attorneys concerned with the litigation and development of constitutional law. |
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Page 20
... American Law , ed . William M. Lacy ( Philadelphia : Blackstone Publishing Co. , 1889 ) , 2 : 338 ; Sir Edward Coke , The Re- ports of Sir Edward Coke , ed . John Henry Thomas and John Farquhar Fraser ( Lon- don : J. Butterworth and Son ...
... American Law , ed . William M. Lacy ( Philadelphia : Blackstone Publishing Co. , 1889 ) , 2 : 338 ; Sir Edward Coke , The Re- ports of Sir Edward Coke , ed . John Henry Thomas and John Farquhar Fraser ( Lon- don : J. Butterworth and Son ...
Page 127
... American family life has weakened . It is also said that the power of American social institutions is generally weak : Culture in America , especially when compared to more ethnically homogeneous societies , is not especially strong in ...
... American family life has weakened . It is also said that the power of American social institutions is generally weak : Culture in America , especially when compared to more ethnically homogeneous societies , is not especially strong in ...
Page 181
... American megacity and the complex American econ- omy of today negate the possible sufficiency of nongovernmental responses unaccompanied by public initiatives . The scale is too huge and the human connections at the level of " community ...
... American megacity and the complex American econ- omy of today negate the possible sufficiency of nongovernmental responses unaccompanied by public initiatives . The scale is too huge and the human connections at the level of " community ...
Contents
Overriding Public Values | 1 |
Introduction to Part 1 | 31 |
Unfocused Governmental Interests | 45 |
Copyright | |
8 other sections not shown
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action activity Amendment American analysis applied approach argue argument asserted authority balancing benefits Brennan categorical channeling function choice City claim compelling concept concern consider constitutional context course criminal cultural decision defined described dissenting effects entity equal example existing expression fact federal formula function fundamental further government interests governmental Harvard Law Review idea important individual instance institutions interpretation involved issue judges judicial Justice justify Law Review least legislative less liberty limited majority marriage matter means ment Michigan moral objectives obligation obscenity opinion particular political poor position possible Press protection pursue question reasons recent regime regulation relationship restrictive rules Scalia scrutiny serve significant simply social society speech standard state's suggest Supreme Court theory tion United University values York