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- Title
WHEN GOVERNMENT MUST PAY: COMPENSATING RIGHTS AND THE CONSTITUTION.
- Authors
Agran, Kenneth
- Abstract
This article provides a framework with which to evaluate claims that the U.S. government must provide affirmative assistance to the poor to ensure access to constitutional rights. It analyzes a series of Supreme Court decisions that provide a constitutional basis for the notion. It also contends that these decisions are often described either far too broadly, in terms of equal protection for the poor. In addition, this article applies the theory of compensating rights to the abortion funding decisions in Maher v. Roe and Harris v. McRae.
- Subjects
UNITED States; PUBLIC welfare laws; CIVIL rights; UNITED States. Supreme Court; MAHER v. Roe (Supreme Court case); HARRIS v. McRae (Supreme Court case); ACTIONS &; defenses (Law)
- Publication
Constitutional Commentary, 2005, Vol 22, Issue 1, p97
- ISSN
0742-7115
- Publication type
Article