The Place of Economic Crisis in American Constitutional Law: The Great Depression As a Case Study

Forthcoming, Liberal Constitutions in Financial Crises, Tom Ginsburg, Mark Rosen, & Georg Vanberg, eds., Cambridge University Press, 2019

Notre Dame Legal Studies Paper No. 1847

71 Pages Posted: 11 Oct 2018 Last revised: 19 Oct 2018

Date Written: September 21, 2018

Abstract

This chapter considers the role that conditions of economic crisis might have played in cases involving judicial review of economic regulation decided by the Supreme Court of the United States between March of 1932 and June of 1937. Part I conducts a general examination of the possibility that contemporary economic conditions may have operated as an exogenous variable inducing the justices to uphold challenged regulations. Part II explores the extent to which underlying economic conditions might have operated as an endogenous variable that was relevant to analysis of whether particular regulatory measures could be supported by existing constitutional doctrine. An Appendix plots the timeline of cases involving constitutional challenges to ameliorative legislation against a variety of contemporary economic indicators.

Keywords: Hughes Court, Great Depression, New Deal, Constitutional Law, Judicial Review

Suggested Citation

Cushman, Barry, The Place of Economic Crisis in American Constitutional Law: The Great Depression As a Case Study (September 21, 2018). Forthcoming, Liberal Constitutions in Financial Crises, Tom Ginsburg, Mark Rosen, & Georg Vanberg, eds., Cambridge University Press, 2019; Notre Dame Legal Studies Paper No. 1847. Available at SSRN: https://ssrn.com/abstract=3253353

Barry Cushman (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
81
rank
286,349
Abstract Views
265
PlumX Metrics