Abstract
This article advances the broad project outlined above by recognizing
the equal protection component of legislative generality.
Exploring the relationship between the Equal Protection Clause
and the value of legislative generality both enhances an understanding
of the proper bounds of the Equal Protection Clause and
helps define the ultimate parameters of a value of legislative generality.
Part I of this article defines and provides paradigmatic
examples of special legislation. Part II identifies the most widely
held conceptions of equality that can be enforced through the
Equal Protection Clause and describes how special legislation offends
these conceptions. Part III describes how the Equal Protection
Clause, despite its powerful ability to enforce differing visions
of equality, is incapable, on its own, of combatting special
legislation. Part IV introduces the principle of legislative generality
as a coherent mechanism for restraining special legislation. It
concludes by drawing on equal protection doctrine and theory to
help fashion a coherent and meaningful value of legislative generality.
Recommended Citation
Evan C. Zoldan,
The Equal Protection Component of Legislative Generality,
51
U. Rich. L. Rev.
489
(2017).
Available at:
https://scholarship.richmond.edu/lawreview/vol51/iss2/6