LPE Originals

Socialism Past and Future (Part II of II)

In my last post, I began a discussion of the Weimar Constitution as one of the first constitutions containing provisions for social and economic rights (SER), and perhaps the very first one, in which socialists had an important hand drafting and expounding. The literature on constitutional SER misses a great deal when it casts the Weimar Constitution as a weak, infant version of later SER constitutions, which grew stronger over time.

LPE Originals

Socialism Past and Future (Part I of II)

Socialism is back. But what is socialism? We have forgotten a lot about what it meant in its salad days, a century ago. And what we have forgotten may include what might be compelling today.

LPE Originals

A Political Economy the Constitution Requires

“Political economy” has an antique ring. More than a century ago, the field of “political economy” began to give way to what was called “economics.” By the mid-twentieth century, political economy was forgotten; economics ruled the roost. But what is old is new again. Political economy is coming back. Economics sidelines the distribution of wealth…

LPE Originals

Janus in Appalachia

Many lawyers, scholars and activists on the left agree that the decrepitude of the New Deal framework, along with the Court’s unvarnished neo-Lochnerian constitutional attack on that framework, seem to require an alternative account of the Constitution’s bearings on labor law