Two Faces of Federalism: An Outline of an Argument about Pluralism, Unity, and Law: Followed by a Discussion

By Robert M. Hutchins | Go to book overview

It isn't that the court is forced to invade something that it shouldn't invade.

HUTCHINS: I am not at this point able to say what the result would be if Father Murray or Mr. Buchanan were in charge of freedom of speech, freedom of religion, freedom of petition, freedom of assembly, freedom of the press, in the United States.

BUCHANAN: It seems to me that there is a positive reading of the First Amendment, one about which Father Murray would tend to hesitate at least; that is, the implication of the First Amendment is that government is saying to itself, "I can recognize the purposes here. They are so important that they must be fulfilled freely, and therefore it is my duty not only to protect them in the sense of not interfering by law but to make statutes or other kinds of law that will insure the independence of churches, universities, newspapers, and so on." This is the kind of government we need at present, whether we have it or not--a government that will legislate some freedoms. That is what I am saying, and I think at this point there may be disagreement.


The First Amendment and Education

MURRAY: No. I think I begin to see what you are driving at. It would be something like this, wouldn't it? If there be such things as rights antecedent to the state, and if it be true to say, as I think it is, that these rights are more than mere immunities, then it is incumbent upon the public order or public administration to give body and substance to these rights, by making sure that there is complete facility for their exercise within the society. Now, if that is your position, then you and I are certainly not in any disagreement at all.

The classic example before us at the moment--as it has been for a hundred years, of course--is the school question. The private school is immune from governmental interference in any way, but this immunity means simply that it has no right to demand anything except to be left alone. Now, you are saying in effect--or are

-50-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Two Faces of Federalism: An Outline of an Argument about Pluralism, Unity, and Law: Followed by a Discussion
Table of contents

Table of contents

  • Title Page 1
  • Foreword 3
  • Two Faces of Federalism 5
  • A Discussion 25
  • Four Questions 35
  • The First Amendment and Education 43
  • Clarifying the First Amendment 50
  • Consensus and the Law 63
  • The Rise of Private Enclaves 71
  • The Natural Law 75
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 130

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.