Government Largesse and Constitutional Rights: Some Paths through and around the Swamp

In convening the panel out of which this paper grew, Professor Alexander suggested, in polite terms, that when it comes to the interaction between government benefits and constitutional rights the Supreme Court is stuck in a swamp. Theory regarding this area, he asserted is "chaotic," and "lacks an identifiable core." My theses here are twofold: both that the swamp is narrower, and that it is more passable, than it appears at first glance. However, unlike some of the participants, I do not view the center of the swamp as an illusion which will dissolve in the light of modern, or post-modern constitutional theory.