Document Type

Article

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Abstract

The goal of this Article is to demonstrate that the ideological structure of cases dealing with judicial review of economic regulation (including both commerce clause and due process cases) is recapitulated at a different level in the ideology which underlies National League of Cities. In addition, this Article

seeks to show that the decisions of the Roosevelt Court· in the late 1930s and early 1940s which dismantled Lochner represent a counter-ideology. These decisions established a new orthodoxy about the proper scope of judicial review in economic regulation cases which is mirrored in the modern Court's abandonment of National League of Cities in the cases leading up to and including Garcia.

Date of Authorship for this Version

1985

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