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Carolene, Conflicts, and the Fate of the Inside-Outsider, 134 University of Pennsylvania Law Review 1291 (1986)


United States v. Carolene Products CO. is no longer only a case.
It is a line of reasoning, and one so venerable as to have achieved almost
axiomatic status in a world where virtually every other proposition
of constitutional law is best considered controversial. It is, in Justice
Powell's words, "the most celebrated footnote in constitutional
law." Yes, it has its critics,3 but even they would probably admit that
Carolene's reasoning is more ensconced in our constitutional imaginations
than any other line of reasoning not directly traceable to the text.

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