Constitutional Choices

Laurence H. Tribe

    PART 1: THE NATURE OF THE ENTERPRISE

    1. The Futile Search for Legitimacy

    2. The Pointless Flight from Substance

    3. The False Equation of Proceduralism with Passivity: A Constitution We Are Amending-and Construing

    4. Construing the Sounds of Congressional and Constitutional Silence

    PART 2: THE SEPARATION AND DIVISION OF POWERS

    5. Silencing the Oracle: Carving Disfavored Rights out of the Jurisdiction of Federal Courts

    6. Entrusting Non-Legislative Power to Congress

    7. Entrusting Federal Judicial Power to Hybrid Tribunals

    8. Choke Holds, Church Subsidies, and Nuclear Meltdowns: Problems of Standing?

    9. The Errant Trajectory of State Sovereignty

    10. Congressional Action as Context Rather Than Message: The Case of Interstate Bank Mergers

    11. Guam's Vanishing Bonds: A Vignette in Taxation without Legislation

    PART 3: THE STRUCTURE OF SUBSTANTIVE RIGHTS

    12. Compensation, Contract, and Capital: Preserving the Distribution of Wealth

    13. Speech as Power: Of Swastikas, Spending, and the Mask of "Neutral Principles"

    14. Dismantling the House That Racism Built: Assessing "Affirmative Action"

    15. Reorienting the Mirror of Justice: Gender, Economics, and the Illusion of the "Natural"

    16. Refocusing the "State Action" Inquiry: Separating State Acts from State Actors

    Epilogue

    Notes

    Index of Cases

    General Index

  • Cover: Constitutional Choices

Laurence H. Tribe is Carl M. Loeb University Professor, Harvard Law School.