Constitutional Law
Mar. 28, 2022
The unconstitutional conditions doctrine
Supreme Court justices have expressed unhappiness with the lack of clarity in the court’s jurisprudence surrounding this issue. A recent cert petition presents an opportunity to clear things up.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
The U.S. Constitution is supposed to be taken seriously. It is our paramount authority and stands at the apex of our system. On its face it declares that "This Constitution ... shall be the supreme law of the land; and the judges in every state shall be bound thereby ...." U.S. Const., Art. VI, cl. 2. Building on that concept, the revered decision in Marbury v. Madison, 5 U.S. 137, 177 (1803), concluded that legislative a...
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