Introduction: Overriding Public Values

Abstract

One way to describe constitutional law has been concern with security, driven by fear not only of crime, insurrection, and subversion, but fear of rights, fear that claims of life, liberty, and property would cripple the Republic. Yet these very fears can be positively described as concern with that selfsame life, liberty, property, equality, and democracy. Therein lies a vision not of fear but of hope - a vision generous enough to embrace those values of the Preamble the Court has held are not empowering but only prefatory - general welfare, liberty, and justice. The essay explores these very different visions of constitutional law and their implications.