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The Constitutional Right Of Association, Charles E. Rice
The Constitutional Right Of Association, Charles E. Rice
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It has been accurately observed that we are a nation of joiners. Alexis de Tocqueville, as early as 1835, concluded that "in no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America." Tocqueville noted the ubiquitous character of American voluntary associations.
In 1958, the Supreme Court of the United States affirmed, for the first time in unmistakable terms, the status of freedom of association as a fundamental right.
The occasion for this affirmation was an attempt by the State of Alabama to oust …