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Mike Greve on the "Constitution In Exile":

Must reading, as always, here. The abstract:

Liberal academics and newspapers have proclaimed that the Rehnquist Court and conservative intellectuals are attempting to resurrect a pre-New Deal "Constitution in Exile." This absurd campaign illustrates the intellectual impoverishment of what now passes for "progressive" constitutional thought. Still, liberals are right in suggesting that conservatives may not have thought as sharply and constructively about constitutionalism as they should. This Outlook discusses the liberal constitutional project. The next Outlook will outline a conservative response.

Related Posts (on one page):

  1. Would a Conservative Court Roll Back the New Deal?
  2. Mike Greve on the "Constitution In Exile":
Would a Conservative Court Roll Back the New Deal?

Putting the debate over judicial nominees in perspective, an important Federalist Society white paper says "No".

The addition of strict constructionist or "conservative" justices to the Supreme Court will not undermine the basic tenets of the new Deal and will not sound a clarion call for the renewal of pre-New Deal jurisprudence.... Even if certain justices might want to invalidate certain pieces of legislation, the Court's strong adherence to stare decisis further ensurese that economic and civil rights laws will remain Constitutionally valide.

Related Posts (on one page):

  1. Would a Conservative Court Roll Back the New Deal?
  2. Mike Greve on the "Constitution In Exile":