The constitutional meaning can be glossed from outside the Constitution.
- responsible for creating fundamental rights: test of ‘deeply rooted in nations traditions or consciousness’ and implicit in the ‘ordered liberty’
- how an issue is resolved is determined by how it seen (subjective). Bowers v. Hardwick: majority asked if homosexual sodomy was grounded in nation’s ideals whereas dissent asked if personal autonomy encompassed this.
- Translates into a respect for popular will (i.e. desegregation)
- Assume the political risk of constitutional results inspired by competing moralites/ideologies.
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