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Cass R. Sunstein, Is There An Unconstitutional Conditions Doctrine?, 26 San Diego L. Rev. 337 (1989).

Abstract: Unconstitutional Conditions Symposium: In this Article, Professor Sunstein suggests that the unconstitutional conditions doctrine embodies issues too discreet and particular to be embodied in a general doctrine. Whether a condition is permissible is a function of the particular constitutional provision at issue; anything so general as an unconstitutional conditions doctrine is likely to be quite unhelpful. The author argues for particularism in cases involving unconstitutional conditions: for an inquiry into whether the particular infringement affects a protected interest in a constitutionally troublesome way, and, if so, whether the government is able to justify any such effect.