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

9 Pages Posted: 27 Nov 2009  

John Ryskamp


Date Written: November 24, 2009


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.

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

JEL Classification: H10, H11, H19

Suggested Citation

Ryskamp, John, An Aide-Memoire for the Supreme Court's ‘Maintenance’ Doctrine (November 24, 2009). Available at SSRN: or

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