Contribution to Book
Introduction: Overriding Public ValuesPublic Values in Constitutional Law (1993)
AbstractOne 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 precatory--general welfare, liberty, and justice. The essay explores these very different visions of constitutional law and their implications by applying a consistent set of interpretive standards to both nontextually explicit rights and nontextually explicit interests and examining state action in that light.
- state action
EditorStephen E. Gottlieb
PublisherUniversity of Michigan Press
Citation InformationStephen E. Gottlieb. "Introduction: Overriding Public Values" Ann ArborPublic Values in Constitutional Law (1993)
Available at: http://works.bepress.com/stephen_gottlieb/12/