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The Evolving Police Power: Some Observations for a New Century
Hastings Constitutional Law Quarterly (2000)
  • David B Kopel
  • Glenn Harlan Reynolds
Abstract

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.

Keywords
  • police power,
  • sic utere,
  • salus populi,
  • sodomy,
  • gay marriage
Publication Date
2000
Citation Information
David B Kopel and Glenn Harlan Reynolds. "The Evolving Police Power: Some Observations for a New Century" Hastings Constitutional Law Quarterly Vol. 27 (2000)
Available at: http://works.bepress.com/david_kopel/29/