Please cite to the original publication
The Supreme Court's traditional confusion about the relevance of legislative and administrative motivation in determining the constitutionality of governmental actions has, over the past few terms, achieved disaster proportions. The Court's difficulties stem from an apparent tension. Arguments that in the abstract seem compelling can be mounted against judicial consideration of motivation. Yet laws are passed and administrative acts undertaken that fairly cry out for invalidation but cannot be declared unconstitutional without referring to motivation.
Date of Authorship for this Version