Unlikely Beginnings of Modern Constitutional Thought

36 Pages Posted: 7 Aug 2012 Last revised: 23 May 2013

Date Written: August 5, 2012


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.

Suggested Citation

Weinberg, Louise, Unlikely Beginnings of Modern Constitutional Thought (August 5, 2012). University of Pennsylvania Journal of Constitutional Law, Vol. 15, No. 1, 2012. Available at SSRN: https://ssrn.com/abstract=2125471 or http://dx.doi.org/10.2139/ssrn.2125471

Louise Weinberg (Contact Author)

University of Texas at Austin ( email )

2317 Speedway
Austin, TX 78712
United States

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