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Article: Constitutional law as "normal science".
- Article from:
- Constitutional Commentary
- Article date:
- June 22, 2004
- Author:
CopyrightCOPYRIGHT 2004 Constitutional Commentary, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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An enduring feature of equal protection and substantive due process review of government action is being lost in much contemporary discourse: these challenges usually fail. Claims that the current Court is exceptionally activist are belied by its track record in this arena. The Justices interpret substantive due process and equal protection rights very narrowly, and protect citizens only from exceptionally egregious, biased, intrusive, or irrational government action. (1) Most government follies easily withstand equal protection and substantive due process review. Although the Court plainly does intervene in important contexts, actual cases are unusual, emerge slowly, and ...