Patterns of Panic

Saint Louis University Law Journal (forthcoming 2024) (Childress Lecture Symposium)

Georgia State University College of Law, Legal Studies Research Paper No. 2024-06

15 Pages Posted: 16 Nov 2023 Last revised: 24 Feb 2024

See all articles by Anthony Michael Kreis

Anthony Michael Kreis

Georgia State University - College of Law

Date Written: November 14, 2023

Abstract

Disruptions in the constitutional order can agitate social anxiety, particularly when an out-group on the rise challenges an in-group's political dominance and position in a constitutional regime. This has been acutely true concerning civil rights expansion, where civil rights opponents have turned to libertarian theories of law when their cultural currency is on the ropes. This essay highlights some of the similarities between libertarian ideological impulses at critical junctures of American constitutional development during Reconstruction and in resistance to the rights of gay, lesbian, bisexual, and transgender Americans in the twenty-first century. In these two crucial moments of constitutional development, a similar pattern of panic emerged whereby opponents to a more progressive constitutional order worked to steer civil rights jurisprudence toward a deregulatory, market-centered theory of rights, favoring live-and-let-live approaches to remedying social inequality over a state-backed right to dignity in the public square.

Suggested Citation

Kreis, Anthony Michael, Patterns of Panic (November 14, 2023). Saint Louis University Law Journal (forthcoming 2024) (Childress Lecture Symposium), Georgia State University College of Law, Legal Studies Research Paper No. 2024-06, Available at SSRN: https://ssrn.com/abstract=4632776

Anthony Michael Kreis (Contact Author)

Georgia State University - College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

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