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.
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