Countering the Neoliberal Structural Constitution

Countering the Neoliberal Structural Constitution

This post is part of our symposium on socialist constitutionalism. The Federalist Society leverages right-wing legal change by promoting constitutional originalism as a seemingly noble and neutral foundation for neoliberal political economy.  Without a comparably accessible and compelling contrary first principle, left and centrist law and politics can appear to be a diffuse agenda of contested…

The Constitution of Social Progress

The Constitution of Social Progress

This post is part of our symposium on socialist constitutionalism. Willy Forbath has drawn inspiration from the Weimar Republic to envision a socialist constitutionalism that would restructure the economy on a democratic basis. Sam Moyn has argued in response that the left ought to avoid constitutional law, which has usually posed an obstacle to progress, and…

On Socializing the Constitution of Economic Coordination

On Socializing the Constitution of Economic Coordination

This post is part of our symposium on socialist constitutionalism. Professor Forbath’s essay, drawing from his research into the Weimar Constitution, urges us to reconsider what we mean both by socialism and by constitutionalism. He recovers and makes vivid a socialist vision that is neither about (simply or necessarily) “nationalizing” industry nor only about redistributing the…

Socialism Past and Future – or Socialism is Past, and the Future?

Socialism Past and Future – or Socialism is Past, and the Future?

This post is part of our symposium on socialist constitutionalism. Forbath’s timely essay revisits the history of socialism in the hopes of informing a possible future. He calls our attention to the legal ideas and institutions that gave form to social democracy as a compromise between socialism with liberalism. Inspired by this past, Forbath calls…

The Relevance of Weimar

The Relevance of Weimar

This post is part of our symposium on socialist constitutionalism. Willy Forbath’s return to the Weimar Constitution is inspiring. I will just point out of a couple of limits to turning back to it in the present — limits that strike me as difficult to overcome. First, the Weimar Constitution’s nod to worker empowerment presupposed…

Socialism Past and Future (Part II of II)

Socialism Past and Future (Part II of II)

This is the second of two introductory posts in our symposium on socialist constitutionalism. 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…

Socialism Past and Future (Part I of II)

Socialism Past and Future (Part I of II)

This is the first of two introductory posts in our symposium on socialist constitutionalism.  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. Universal health care and basic income,…