1.96: oot 016/25 nema PUBLS D © ot Leg Pocy Report to the Attorney General The Constitution in the Year 2000: i Choices Ahead in Constitutional ; Interpretation i October 11, 1988 yi i HE & HE 5 qe i TRON UNE RST BPR 18 y05g uBRaRY-DePoStToRY oe!THE CONSTITUTION IN THE YEAR 2000: ‘Choices Ahead in Constitutional Interpretation / Oftice of Legal Policy Department of JusticeTable of Contents INTRODUCTION essen i 1, Wal jodialy created echsionary rls reiting to the Fourth, ith, and Soch Amendments be ued to impose more exten sive eins on eiminalinvergation and possesion? a. 1 2. Will the constkutonal right to abortion be expanded or restricted onder the Fourteenth Amendment? ss 2. Will the Due Process and Egual Protection Clauses of the Fourteenth Amendment be used t establish a constitutional Fight of sexual preference oto invalidate laws that disadvan age homouenle? 2 44 Will he “right of privacy” deriv ffom the Fourteenth ‘Amendments Due Process laure, be expanded to invalidate Sarious rate faws that prohibit individual Behavior inthe Tntrest of promoting standards of public morally? s 5. Will the Supreme Court define discrimination in terms of “isparate impact” and thereby use the Equal Protection Clause tree race and pender "aime action” pobies? ava. Mt 6. Wil publ poces that havea disparate impact on the bass of wealth be limited under the Equal Protection Clause of the Tourtenth Amendment, and wil tb Constuton be interpreed to require particular lls of social welfare spending? 7 7. Will pubic inttives to srengthen private education run afoul ofthe Religion Clauses ofthe Fist Amendment? ... 70 8, Will the Free Exercise Clause of the Fit Amendment be Interpeed to requie spelal accommodation of religious practices in an es of expanding government? 2 9, Will the freadom ofasociaton protected by the Fist Amend: rent provide any siniicant protection against the app Cation’ of government polices to private groupe and ‘reanzations? * 10, Will the Takings Claute and the Contracts Clause of the Constttion be revitalized? 106