Regulatory Rights
Supreme Court Activism, the Public Interest, and the Making of Constitutional Law
- Contents
- Review Quotes

Introduction
Chapter 1. The Documentary Constitution
Explanations
The Legitimacy of a Compact
Textualism
Vague and Ambiguous Terms
The Analogy to Statutes
The Text Writ Large
The Text in Context
Negative Examples
The Founding Generation
More Negative Examples
Chapter 2. Constitutional Common Law
Rights and Formalism
The Positive Present
The Regulatory Present
The Police Power
Laissez Faire
Class Legislation
Chapter 3. Regulatory Rights
Regulatory Rights in the Literature
Market Freedom
Fundamental Interests
Substantive Rights
Beyond the Bill of Rights
The Overlap with Due Process
Classifications
Fundamental Interests (Again)
Suspicious Classifications
Freedom of Religion
Chapter 4. Rational Instrumentalism
Close Scrutiny
Disproportionate Impact
Knowing a Means by Its Purpose
The Level-of-Generality Question (Again)
Illustrations
Compelling Objectives
Impermissible Explanations
Of Conduct and Status
Conclusion
Notes
Law and Legal Studies: General Legal Studies | Law and Society | Legal Thought | The Constitution and the Courts
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