UIC School of Law UIC Law Open Access Repository UIC Law Open Access Faculty Scholarship 1-1-2004 Kant's Categorical Imperative: An Unspoken Factor in Constitutional Rights Balancing, 31 Pepp. L. Rev. 949 (2004) Donald L. Beschle The John Marshall Law School,
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[email protected]. Kant's Categorical Imperative: An Unspoken Factor in Constitutional Rights Balancing Donald L. Beschle TABLE OF CONTENTS I. INTRODUCTION II. CONSTITUTIONAL BALANCING: A BRIEF OVERVIEW III. THE CATEGORICAL IMPERATIVE: TREATING PEOPLE AS ENDS IV. THE CATEGORICAL IMPERATIVE AS A FACTOR IN CONSTITUTIONAL RIGHTS CASES V. CONCLUSION I. INTRODUCTION In 1965, the Supreme Court handed down its decision in Griswold v. Connecticut,' invalidating a nearly century old statute that criminalized the use of contraceptives, even by married couples, "for the purpose of preventing conception."2 Griswold injected new life into the largely 3 dormant notion that the Due Process Clause of the Fourteenth Amendment could effectively protect substantive individual rights, beyond those specifically enumerated in the Constitution, against state legislative action.