Naked Preferences And The Constitution - 1427 Words

Because the Constitution i s rooted in civil republicanism, its clauses must reflect accompanying notions of civic virtue . In â€Å"Naked Preferences and the Constitution,† Professor Cass R. Sunstein identifies a unifying theme across the various clauses of the Constitution: the prohibition of â€Å"the distribution of resources or opportunities to one group rather than another solely on the ground that those favored have exercised the raw political power to obtain what they want.† Sunstein calls this type of prohibited evil a â€Å"naked preference.† When naked preferences are prohibited, any government action must be justified by reference to some legitimate public value. Ensuring that government action avoids naked preferences and upholds recognized public values is how the courts â€Å"prevent the danger of factional tyranny.† When a group is treated differently than another solely â€Å"because of a raw exercise of political power,† a naked preference is at work. Self-interested groups are thus prohibited from seeking to obtain wealth or opportunities at the expense of other groups or individuals solely by this â€Å"raw exercise.† A legitimate public value may be â€Å"any justification for government that goes beyond the exercise of raw political power.† One of the key considerations is what sort of alleged public values the courts will accept as legitimate. At this juncture, courts have a few options; the test for smoking out naked preferences may be â€Å"weak,† â€Å"strong,† or, perhaps,Show MoreRelatedPrivacy Is The Freedom From Unauthorized Intrusion Essay1308 Words   |  6 PagesWhen we became the United States, our founding fathers wrote the Constitution as a means of protecting our natural rights, such as speech and privacy, but are we truly protected the government and others? Merriam-Webster dictionary defines privacy as the freedom from unauthorized intrusion. 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