Compelling Governmental Interests: An Essential But Unanalyzed Term in Constitutional Adjudication
Stephen E. Gottlieb
Albany Law School
Boston University Law Review, Vol. 86, No. 917, 1988
Contrasts the treatment of compelling interests and fundamental rights, applies the criticisms of fundamental rights as extra-constitutional and imprecise to the Court's treatment of compelling interests, suggests a basis for compelling interests to replace the Court's ad hoc announcements, and explores the implications for both rights and interests of basing both on constitutional rather than extra-constitutional values.
Number of Pages in PDF File: 62
Keywords: Balancing, Compelling government interests, Consistency, Constitutional law, Discrimination, Due Process,Equality, First Amendment, Fundamental rights, Interpretation, Jurisprudence , Political rights, Positive rights, State Action, Strict scrutiny, Supreme Court, Values, Voting rightsAccepted Paper Series
Date posted: March 19, 2010
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