Introduction: Overriding Public Values

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

27 Pages Posted: 28 Apr 2010  

Stephen E. Gottlieb

Albany Law School

Date Written: 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.

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: https://ssrn.com/abstract=1596678

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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