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Theories of the Constitution
B MoralityBased Approaches
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abortion affirmative action American approach argue argument authority blacks Carolene Choper citizens civil rights claim classification Commerce Clause concept Congress congressional constitutional law constitutionally decision democracy democratic discrimination doctrine Dormant Commerce Clause due process Due Process Clause Dworkin economic enforcement equal protection clause example executive federal Federalist Fourteenth Amendment framers freedom function fundamental gender governmental homosexual immunity important individual intentions interests issue John Hart Ely judges judgment judicial review Justice L.Rev Law Review lawmaking legislative legislature liberty limited majoritarian majority means ment moral reading norms original originalist person political process President principle problem procedures prohibition question race reason regulation requires role Ronald Dworkin rules S.Ct separation of powers sexual social society statute substantive substantive due process suggests supra note Supreme Court theory tion tional unconstitutional women Yale L.J.