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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Contents
Overriding Public Values | 1 |
Introduction to Part 1 | 31 |
Unfocused Governmental Interests | 45 |
Cultural | 69 |
StateInterest Analysis and the Channeling | 97 |
Introduction to Part 2 | 135 |
A Mandated Minimum Income Judge Posner | 168 |
Silence on the Street Corner | 195 |
Introduction to Part 3 | 217 |
Categorization Balancing and Government Interests | 241 |
Postscript | 267 |
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analysis argue argument asserted Bill of Rights Blackmun California channeling function choice claim clause compelling interests compelling public purposes concept constitutional law constitutional rights constitutionally criminal law cultural decision DeShaney dissenting doctrine due process effects enforcement example expression family law federal formula Fourteenth Amendment fundamental rights Gottlieb government action government interests governmental interests Harvard Law Review important individual rights intermediate scrutiny John Hart Ely Judge Posner judicial review Justice Brennan Justice O'Connor Justice Scalia justify Kokinda lawmakers legislative legislature legitimate liberty interests limited marriage ment moral Nollan obscenity opinion overriding Paris Adult Theatre political poor property regime property rights protection public interest question reasons regulation Rehnquist rights and interests rules S.Ct Schneider sexual Sixth Amendment social institutions society speech standard state's interest statute strict scrutiny substantial Supreme Court tenants theory tion tional unfocused University values Yale Law Journal