Constitutionality of the Eckhardt Open Beaches Bill

Abstract

One of the persisting and pervasive themes in the life of Mr. Justice Douglas has been his concern with preserving and holding open to public enjoyment the natural world around us. It is fitting, therefore, that this issue of the Review should contain a discussion of the constitutionality of the Open Beaches bill, which is now being pressed by Congressman Eckhardt of Texas, with numerous co-sponsors, and which has recently been the subject of hearings by the House Committee on Merchant Marine and Fisheries. This Article follows closely along the lines of my testimony before the House Committee on October 26, 1973.