Federalism and Individual Liberties—Can We Have Both?

Since the sponsors of the Lecture have generously put no restrictions upon me in the choice of a theme, I have thought it appropriate to speak of one aspect of the perennial debate about our federalism, our system of dual sovereignties, national and state. I will examine with you the problem respecting the sometimes apparently conflicting claims of the states in a federal system on the one hand, and on the other the liberties of the individual. I will confine my discussion to the liberties pertaining to criminal due process, leaving for another day those involved in civil rights demonstrations, controversies over school prayers, reapportionment and like concerns.