Paul Horwitz reviews The Invisible Constitution by Laurence Tribe

By Paul Horwitz
February 16, 2009
The Book of Hebrews tells us that faith is “the substance of things hoped for, the evidence of things unseen.” Readers of this journal might expect from any book by Laurence Tribe, let alone one titled The Invisible Constitution, rather more of the former than the latter. They might be surprised. There is more than a little hint in this book of analysis driven by “things hoped for” and not proven. But much of this book focuses convincingly on “the evidence of things unseen”—of postulates and principles that are found nowhere in the Constitution in explicit terms, but which are every bit as authoritative, and necessary, as the written Constitution itself....