The Constitutional Role of Economic Coordination Rights

The Constitutional Role of Economic Coordination Rights

There’s a common notion that pervades legal and policy debate—including among fairly liberal Democrats—that collective bargaining mechanisms, and even public coordination of markets through minimum wages and working conditions, distort market outcomes and are therefore inefficient (though they may be justified by countervailing considerations). This position immediately sets up a kind of presumption against labor…

A Law and Political Economy Agenda for Labor and the Constitution

A Law and Political Economy Agenda for Labor and the Constitution

This post is part of our series on the political economy of labor & the constitution. You can find all of our posts on this topic here. At the end of September, labor law scholars gathered at a conference focused on “Labor and the Constitution: Past, Present, and Future.”  There, a group of us considered…

A Political Economy the Constitution Requires

A Political Economy the Constitution Requires

Join us this week for a series on the political economy of labor & the constitution.  “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…

In Defense of Grassroots-Powered Progressive Federalism

In Defense of Grassroots-Powered Progressive Federalism

This piece is part of a collection on “progressive federalism,” which addresses the conditions under which American federalism advances and hinders the interests of democratic political movements. Other contributions can be found here. If you are interested in participating in the discussion, join us on Twitter at @lpeblog. Over fifty years ago, Frances Fox Piven…

Federalism is unlikely to save progressive politics

Federalism is unlikely to save progressive politics

This piece is part of a collection on “progressive federalism,” which addresses the conditions under which American federalism advances and hinders the interests of democratic political movements. Other contributions can be found here. If you are interested in participating in the discussion, join us on Twitter at @lpeblog. Can federalism work for progressives? Since the…

Movement Visions for a Renewed Left Legalism

Movement Visions for a Renewed Left Legalism

In this moment of crisis for the rule of law, a number of thinkers on the left have prescribed new strategies for progressives to shift reigning ideas about constitutionalism and the law. Jedediah Purdy, for example, has argued that part of the answer is to “reclaim the Constitution” by articulating visions of how constitutional rules…

The Constitution and Democratic Insurgency

The Constitution and Democratic Insurgency

One of today’s most urgent questions is how to combine an analysis of capitalism with an analysis of democracy.  The rolling socio-economic crises of the last decade, highlighted by the global financial meltdown, have laid bare the extent to which American society is marked by fundamental and irreconcilable conflicts between those enjoying economic power and…

Three Views of Constitutional Political Economy

Three Views of Constitutional Political Economy

Constitutional Political Economy – What Is It Good For? – On the Labor Scene, Part III of III To recap, what constitutional political economy is good for on the labor scene is three-fold: as a movement discourse that provides moral and political legitimacy to acts of civil disobedience and law-breaking – and lends reform-minded publics…

Janus in Appalachia

Janus in Appalachia

Constitutional Political Economy – What Is It Good For? – On the Labor Scene, Part II of III Unlike the workers’ organizations in Kate’s study, just about everything the striking teachers did in West Virginia and Kentucky fell outside the bounds of legality – the strikes themselves, the efforts to “bargain” over not only teachers’…

The Labor Movement Never Forgets?

The Labor Movement Never Forgets?

Constitutional Political Economy – What Is It Good For? – On the Labor Scene, Part I of III Is it really a good idea for liberals and the left to be making constitutional arguments against economic inequality? Give it a rest! Take a break from constitutionalizing everything.  And don’t talk about “taking the Constitution away…

Constitutional Law 101: A Primer for the Law and Political Economy Blog

Constitutional Law 101: A Primer for the Law and Political Economy Blog

Part Three: The Substantive Constitution Reconstruction, Freedom, and Nullification: The Battles over the Fourteenth Amendment In 1872, newly-emancipated and enfranchised black Republicans won a wave of elections throughout the country, including in Grant Parish, Louisiana. The election was disputed and the conflict quickly escalated into an armed standoff battle between black Republicans, who occupied the…

Constitutional Law 101: A Primer for the Law and Political Economy blog

Constitutional Law 101: A Primer for the Law and Political Economy blog

Part Two: The Structural Constitution The Basic Structure Suggested readings: Federalist 10, 51 Marbury v. Madison, 5 U.S. 137 (1803) McCulloch v. Maryland, 17 U.S. 316 (1819) Mark Tushnet, Constitutional Hardball, 37 J. Marshall L. Rev. 523, 523-26, 528-29, 535-36, 538-43 (2004) Jack Balkin & Sanford Levinson, Constitutional Crises, 157 U. Penn. L. Rev. 707,…

Constitutional Law 101: A Primer for the Law and Political Economy Blog

Constitutional Law 101: A Primer for the Law and Political Economy Blog

Part I: Constitutional Law as a Political Economic Battleground For students and scholars interested in questions of political economy, inequality, exclusion, and power, conventional black letter law classes can often be daunting. The volume of case law and the compressed time of the semester can often squeeze out more thematic and critical discussion of these…

Majority Leverage Against Minority Rule

Majority Leverage Against Minority Rule

There’s a lot for liberals to despair about these days and the Kavanaugh appointment sharpened several sources of that despair. After such an intensely partisan fight about the Court, and especially after the remarkable, norm-shattering partisan performance of the Justice himself at his final confirmation hearing, some of the liberal worry is inevitably focused on…