Unlikely Beginnings of Modern Constitutional Thought

Weinberg, Louise

doi:10.2139/ssrn.2125471

Abstract

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Unlikely Beginnings of Modern Constitutional Thought

Louise Weinberg

University of Texas at Austin

August 5, 2012

Abstract:
This paper notes an intellectual transformation occurring in relatively obscure cases in the New Deal Court. Among other things, these cases prefigure the advent of the tiered scrutiny characteristic of modern rights-based constitutional litigation. At a deeper level, they mark a revolution in constitutional analysis with resonance for our present structural understandings of national power, state power, and the workings of American federalism.

Number of Pages in PDF File: 40

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Date posted: August 7, 2012 ; Last revised: October 22, 2012

Suggested Citation

Weinberg, Louise, Unlikely Beginnings of Modern Constitutional Thought (August 5, 2012). Available at SSRN: http://ssrn.com/abstract=2125471 or http://dx.doi.org/10.2139/ssrn.2125471

Contact Information

Louise Weinberg (Contact Author)

University of Texas at Austin ( email )

Austin, TX 78712
United States