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Chapter 18 - Toward a Theory of Pluralism

from Section D: The New Constitutional Regime

Published online by Cambridge University Press:  13 January 2022

Mark V. Tushnet
Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
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Summary

This Chapter details the initial hints of a new account of constitutional review, examining in detail the development of and the theory underlying Justice Stone’s famous “Footnote Four” outlining the argument that Court should intervene only to enforce specific constitutional guarantees or to ensure that the political process was operating without impediment.

Keywords

United States v. Carolene ProductsFootnote FourSouth Carolina State Highway Dep’t v. Barnwell Bros.Harlan Fiske StoneLouis Luskypolitical pluralism
Type
Chapter
Information
The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
 , pp. 408 - 420
Publisher: Cambridge University Press
Print publication year: 2022

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