The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Thursday, February 23, 2023
Medium Rare Scrutiny:
We will soon be studying and analyzing the three (or perhaps more) standards of review the Supreme Court employs in analyzing the constitutionality of laws that burden protected liberty interests or which discriminate against certain groups or classes. I mentioned Mike Paulsen's wonderful (and short) article that uses the analogy of barbecuing steak to help us understand the various levels of constitutional review created by the Supreme Court. As Orwell might have said, "all constitutional rights are equal, but some are more equal than others."
Although I am not assigning the article, you may enjoy it and find it helpful.
Here is the citation:
Michael Stokes Paulsen, Medium Rare Scrutiny, 15 Const. Comm. 397 (1998)(Hein online)
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