constitutionalizing

A final analogy: Frank Michelman's perhaps best known article is his 1968 piece in the Harvard Law Review "Protecting the Poor Through the Fourteenth Amendment," in which he set out the basic arguments for "constitutionalizing" the welfare state.

Balkinization 2006

The difficulty of these issues can be used as an argument against constitutionalizing this area.

The Volokh Conspiracy » Ben Barros on Stop the Beach Renourishment v. Florida Department of Environmental Protection: 2009

Finally, the Article worries that a right to bear arms outside the home may lead to the constitutionalizing of self-defense law.

The Volokh Conspiracy » “Guns as Smut: Defending the Home-Bound Second Amendment” 2009

So to say something like Olson is “constitutionalizing his social policy preferences” is not analysis, but to dress up a political slogan as a conclusion.

The Volokh Conspiracy » Ted Olson, Law vs. Policy, and the Role of Courts vs. Counsel: 2009

Some courts also invoke a right to privacy in constitutionalizing the right to marry a partner of your choice.

"Of all the debates Sullivan has been embroiled in, his collision with the gay left is the hardest to reconstruct..." Ann Althouse 2009

It seems to go not as far as shelley v. kramer went which I perceive to be the outer bounds of this kind of activity — constitutionalizing private activity broadly speaking.

The Volokh Conspiracy » First Amendment Violation in Denying Private Employee Unemployment Compensation When He Was Fired for His Speech? 2009

Of course, they were arguing for a common law privacy right assertable against both the government and private parties, not constitutionalizing privacy rights.

The Volokh Conspiracy » Hate Crimes Laws, Anti-Gay Views, and Public Accountants: 2009

As for your repeated assertions about the constitiutional standing requirement actual injury, I have several responses: 1. Blame Scalia for constitutionalizing this requirement.

The Volokh Conspiracy » My Detroit Free Press op ed on Sotomayor and Didden: 2009

I also note, for the record, that the first state to reject constitutionalizing an "opposite-sex" view of marriage is Arizona, on the same day they re-elected a Republican senator.

Balkinization 2006

As he makes clear, the 21st Amendment is merely the culmination of this process, and an effort to reassure dry states by constitutionalizing this prior history.

The Volokh Conspiracy » WINE WARS, PART 14 2004