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http://ssrn.com/abstract=1596678
 
 

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Introduction: Overriding Public Values


Stephen E. Gottlieb


Albany Law School

1993

PUBLIC VALUES IN CONSTITUTIONAL LAW, Stephen E. Gottlieb, ed., Ann Arbor: The University of Michigan Press, 1993

Abstract:     
One way to describe constitutional law has been concern with security, driven by fear not only of crime, insurrection, and subversion, but fear of rights, fear that claims of life, liberty, and property would cripple the Republic. Yet these very fears can be positively described as concern with that selfsame life, liberty, property, equality, and democracy. Therein lies a vision not of fear but of hope - a vision generous enough to embrace those values of the Preamble the Court has held are not empowering but only prefatory - general welfare, liberty, and justice. The essay explores these very different visions of constitutional law and their implications.

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Date posted: April 28, 2010  

Suggested Citation

Gottlieb, Stephen E., Introduction: Overriding Public Values (1993). PUBLIC VALUES IN CONSTITUTIONAL LAW, Stephen E. Gottlieb, ed., Ann Arbor: The University of Michigan Press, 1993. Available at SSRN: http://ssrn.com/abstract=1596678

Contact Information

Stephen E. Gottlieb (Contact Author)
Albany Law School ( email )
80 New Scotland Avenue
Albany, NY 12208
United States
518-445-2348 (Phone)

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