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Contribution to Book
Introduction: Overriding Public Values
Public Values in Constitutional Law (1993)
  • Stephen E. Gottlieb, Albany Law School
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 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.
Keywords
  • state action
Disciplines
Publication Date
1993
Editor
Stephen E. Gottlieb
Publisher
University of Michigan Press
ISBN
0-472-10434-9
Citation Information
Stephen E. Gottlieb. "Introduction: Overriding Public Values" Ann ArborPublic Values in Constitutional Law (1993)
Available at: http://works.bepress.com/stephen_gottlieb/12/