It is time for an ambitious constitutional vision of economic justice.1 Since
the end of the Lochner era, the prevailing constitutional narrative has taught that the Constitution generally should leave economic policy decisions to the legislative and executive branches. That structural theory treats economic jus tice as discretionary, separate from and subordinate to fundamental constitutional protections for political and civil justice. At most, that narrative supports constitutional protections against economic inequality as narrow
exceptions subject to careful scrutiny and constraint.
Martha T. McCluskey,
Constitutional Economic Justice: Structural Power for We the People,
Yale L. & Pol'y Rev.
Available at: https://digitalcommons.law.yale.edu/ylpr/vol35/iss1/9