Particularly ominous in the balancing test is its recognition that, where the government employs the means least-restrictive of individual freedom to accomplish its end, it may abridge a fundamental liberty if the interest it seeks to achieve is “compelling”—in short, may do precisely what the Constitution explicitly forbids if its spokesmen adduce a reason that satisfies a majority of the Supreme Court.
Related Topics
“Living” Constitution
As a constitutional rule of construction that cannot be repeated to often, “If *** we are at liberty to give old words new meanings ***...
“Left” vs. “Right” Phony Political Spectrum
"Left" vs. "Right"If WE THE PEOPLE revitalize "the Militia of the several States", we will cut across all the dividing lines in the phony...
“Gun Control”
"Gun Control"In the pre-constitutional period, had the term been current, “gun control” would have meant, not keeping firearms and ammunition away from as many...
“Official Immunity”
"Official Immunity"The Constitution itself provides for one and only one “official immunity”, in its allowance that, “for any Speech or Debate in either House...
“Usurpation” and “Tyranny”
"Usurpation"“Usurpation” – the exercise of some otherwise legitimate governmental power as to which the particular actor actor enjoys no legal claim.Source: John Locke, Two Treatises of Government,...