(1) As a doctrinal matter, I don't find the Court's attempt to constitutionalize his harm principle (which holds that private behavior cannot be regulated absent harm to others) especially convincing.(2) The only real hope of heading off the judicial drive to constitutionalize homosexual marriage is in the adoption of an amendment to the Constitution.(3) As part of the deal to constitutionalize rights in the '82 Constitution Act, the provinces extracted a pound of flesh from the Feds.(4) This Amendment would constitutionalize a scheme more commonly known as ‘tax-increment financing’.(5) They overturn laws passed by legislators, constitutionalize rights not enumerated in the Constitution, even determine the outcome of a presidential election.(6) She suggests - rightly, I think - that it may be politically and legally important to constitutionalize the No Exit understanding of parenthood - to insist on a rights-based understanding of parental entitlement.(7) He is mildly positive but points out that a talk-radio discussion of the bill ‘illustrates how quick people are, even on the right, to constitutionalize all sorts of arguments that aren't really about the Constitution at all.’(8) While property rights have been constitutionalized in international economic agreements, labour and other human rights have been left outside, in the realm of the voluntary and private.(9) In a follow-up response article, I speculate a bit about why the Court often constitutionalizes property law rules into Fourth Amendment doctrine despite rejecting property as a formal guide.(10) The 21st Amendment, in turn, constitutionalized this legal regime and restored the pre-18th Amendment constitutional balance.(11) Over unanimous Democratic opposition, Republicans passed the Fourteenth Amendment, which constitutionalized civil rights by guaranteeing due process and equality before the law for all.(12) Of course, if one's concern is really about courts forcing the pro-gay-marriage position on states that oppose gay marriage, the solution would be an amendment that constitutionalizes DOMA.(13) This system lasted until the mid-20th century, when criminal procedure was constitutionalized and the job of reviewing criminal convictions, especially in capital cases, in effect shifted from governors to appellate courts.(14) Finally, very significant is the constitutionalizing of the right to sue one's government.(15) Rather, Congress retained the power over interstate Commerce, and § 2 simply constitutionalized Congress's exercise of its Commerce Clause authority to allow states to treat domestic and interstate liquor equally.(16) Now, why should the rules, which are developing in these areas suddenly be constitutionalised ?
