Emerging Reconnection of Individual Rights and Institutional Design: Federalism, Bureaucracy, and Due Process of Lawmaking, The
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Authors
Tribe, Laurence H.
Issue Date
1977
Volume
10
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|An intriguing cartoon depicts a tall ship, perhaps the Mayflower, with two pilgrims leaning pensively over its side. As they scan the horizon, one says to the other: "Religious freedom is my immediate goal, but my long-range plan is to go into real estate." The remark nicely portrays a basic duality in our constitutional history. For that history has embraced two dramatically different strands: the first, concerned with intensely human and humane aspirations of personality, conscience, and freedom; the second, concerned with vastly more mundane and mechanical matters like geography, territorial boundaries, and institutional arrangements. It is not always recalled that those two strands once seemed part of a single, grand fabric; that they were stretched by the Civil War almost to the point of rupture; and that it was the Great Depression and its aftermath that ripped the strands in two. My purpose here is to recall the outlines of that story and to sketch its latest chapter- a chapter whose theme might well be the renewed linkage of the two great strands of American constitutional thought, the strand of individual rights and the strand of institutional design...
Description
Citation
10 Creighton L. Rev. 433 (1976-1977)
Publisher
Creighton University School of Law