Elena Kagan on Budget & Economy

	Elena Kagan on Budget & Economy

14th Amendment's "liberty clause" includes economic liberty

Sen. Jeff SESSIONS: At your hearing, Senator Cornyn asked you what role you thought a judge's opinion of the evolving norms and traditions of our society had in interpreting the written Constitution. You replied:

KAGAN: I think that traditions are most often looked to in considering the liberty clause of the 14th Amendment. The liberty clause of the 14th Amendment applies to more than physical restraints--it gives some substantive protection ."

SESSIONS: One of the basic American traditions is the opportunity to work hard at an honest vocation and keep the fruits of our labor. Do you believe economic liberty is a value protected by that Amendment?

KAGAN: The Supreme Court has interpreted the liberty provision by "examining our Nation's history, legal traditions, and practices." (Washington v. Glucksberg, 1997). That test would be the starting point for any consideration of a due process liberty claim, including one involving economic liberty.

Source: ScotusBlog.com on Elana Kagan confirmation hearing , Jul 9, 2012

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