Happy Birthday, New Deal Constitution!
The New Deal Constitution—the Upside-Down Constitution under which we live—was ratified on April 25, 1938. On that day, President Roosevelt’s Supreme Court handed down back-to-back decisions in United States v. Carolene Products and in Erie Railroad v. Tompkins. The American Enterprise Institute will mark the occasion with an event, put together by Richard Epstein and yours truly. The announcement and invite for the event (noon, April 25, at AEI) is here. I’ll moderate an exchange between Richard and Jack Balkin (Yale); the following panel discussion features Randy Barnett (Georgetown), Barry Cushman (Notre Dame), Jeremy Rabkin (GMU), and Suzanna Sherry (Vanderbilt). The event will be livestreamed. Do join—to quote a line that cost a great man his seat on the Supreme Court, it’ll be an intellectual feast. Some preliminary noodling: Continue Reading →
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