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Article
Compelling Governmental Interests: An Essential But Unanalyzed Term in Constitutional Adjudication
Boston University Law Review (1988)
  • Stephen E. Gottlieb, Albany Law School
Abstract
Contrasts the treatment of compelling interests and fundamental rights, applies the criticisms of fundamental rights as extraconstitutional and imprecise to the Court's treatment of compelling interests, suggests a basis for compelling interests to replace the Court's ad hoc announcements, and explores the implications for both rights and interests of basing both on constitutional rather than extraconstitutional values.
Keywords
  • constitutional law,
  • Supreme Court,
  • strict scrutiny,
  • compelling interests,
  • fundamental rights,
  • interpretation,
  • interpretive consistency,
  • state action,
  • textualism,
  • sources of law
Disciplines
Publication Date
1988
Citation Information
Stephen E. Gottlieb. "Compelling Governmental Interests: An Essential But Unanalyzed Term in Constitutional Adjudication" Boston University Law Review Vol. 68 (1988)
Available at: http://works.bepress.com/stephen_gottlieb/16/