Abstract

http://ssrn.com/abstract=1512851
 


 



An Aide-Memoire for the Supreme Court's ‘Maintenance’ Doctrine


John Ryskamp


Independent

November 24, 2009


Abstract:     
Increasingly in recent years, the Supreme Court dispensed entirely with the "scrutiny" regime – most famously in Lawrence v. Texas. Instead, the Court has increasingly emphasized that the Constitution is the maintenance of important facts, not a rational relation to a legitimate government purpose. Here we examine the origins and meaning of the concepts of "maintenance" and "importance."

According to the Court, important facts are maintained by the interrelation of important facts. The tests and scope of discovery and individually enforceable rights, are quite different from those used currently by the Bar litigating the Constitution.

Number of Pages in PDF File: 9

Keywords: Constitution, right, scrutiny, strict, Supreme, bill, amendment, process, law, First, Fourteenth, Fifth, Sixth

JEL Classification: H10, H11, H19

working papers series


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Date posted: November 27, 2009  

Suggested Citation

Ryskamp, John, An Aide-Memoire for the Supreme Court's ‘Maintenance’ Doctrine (November 24, 2009). Available at SSRN: http://ssrn.com/abstract=1512851 or http://dx.doi.org/10.2139/ssrn.1512851

Contact Information

John Henry Ryskamp (Contact Author)
Independent ( email )
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