The Evolving Police Power: Some Observations for a New Century
Glenn Harlan Reynolds
University of Tennessee College of Law
David B. Kopel
Independence Institute; Denver University - Sturm College of Law
Hastings Constitutional Law Quarterly, Vol. 27, p. 511, 2000
A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.
Number of Pages in PDF File: 19
Keywords: police power, sic utere, salus populi, sodomy, gay marriageAccepted Paper Series
Date posted: February 15, 2007
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