The new deal constitution in exile

Duke Law Journal

Volumn 51, Issue 1, 2001, Pages

  Forbath, William E ^a  

^a UNIVERSITY OF TEXAS AT AUSTIN   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0041329816     PISSN: 00127086     EISSN: None     Source Type: Journal    
DOI: 10.2307/1373232     Document Type: Review

References (6)

1. Douglas H. Ginsburg, Delegation Running Riot, REGULATION, No. 1, 1995, at 83, 84 (reviewing DAVID SCHOENBROD, POWER WITHOUT RESPONSIBILITY: HOW CONGRESS ABUSES THE PEOPLE THROUGH DELEGATION (1993)).
2. Douglas H. Ginsburg, Delegation Running Riot, REGULATION, No. 1, 1995, at 83, 84 (reviewing DAVID SCHOENBROD, POWER WITHOUT RESPONSIBILITY: HOW CONGRESS ABUSES THE PEOPLE THROUGH DELEGATION (1993)).
3. Id.
4. See id. (listing as exiled "the doctrines of enumerated powers, unconstitutional conditions, and substantive due process, and their textual cousins, the necessary and proper, takings, and commerce clauses").
5. STEPHEN MACEDO, THE NEW RIGHT V. THE CONSTITUTION 40 (1986) ("The modern Court has erected a constitutional double standard by giving high place to 'personal rights' while neglecting economic rights that are at least as well founded in the Constitution."); Ellen Frankel Paul & Howard Dickman, Introduction to LIBERTY, PROPERTY, AND THE FUTURE OF CONSTITUTIONAL DEVELOPMENT 1, 3 (Ellen Frankel Paul & Howard Dickman eds., 1990) ("Some see a 'double standard' in the Court's application of this deferential, rational basis test to challenged economic regulation, while it applies a much tougher test - of strict scrutiny - where legislation impinges on First Amendment rights or on equal protection rights guaranteed by the Fourteenth Amendment.").
6. STEPHEN MACEDO, THE NEW RIGHT V. THE CONSTITUTION 40 (1986) ("The modern Court has erected a constitutional double standard by giving high place to 'personal rights' while neglecting economic rights that are at least as well founded in the Constitution."); Ellen Frankel Paul & Howard Dickman, Introduction to LIBERTY, PROPERTY, AND THE FUTURE OF CONSTITUTIONAL DEVELOPMENT 1, 3 (Ellen Frankel Paul & Howard Dickman eds., 1990) ("Some see a 'double standard' in the Court's application of this deferential, rational basis test to challenged economic regulation, while it applies a much tougher test - of strict scrutiny -where legislation impinges on First Amendment rights or on equal protection rights guaranteed by the Fourteenth Amendment.").