Greve, Rabkin Discuss New Deal Constitution

On April 25 Professors Michael Greve and Jeremy Rabkin joined other top scholars in an American Enterprise Institute (AEI) discussion on "The New Deal Constitution at 75: Many Happy Returns?" on the anniversary of the 1938 Supreme Court decisions in United States v. Carolene Produce and Erie Railroads v. Tompkins.

In 1938 Franklin D. Roosevelt's Supreme Court handed down back-to-back decisions that in the first case declared any federal economic legislation constitutional, and in the second case allowed a significant expansion of state power over U.S. commerce. Discussion participants considered ramifications of the cases and whether the questions should be revisited three-quarters of a century later.

Greve moderated a luncheon debate between Professor Jack Balkin of Yale Law School and Professor Richard Epstein of New York University Law School. Following the debate, Rabkin took part in a discussion that included Professor Randy Barnett of Georgetown University Law Center, Professsor Barry Cushman of Notre Dame Law School, and Professor Suzanna Sherry of Vanderbilt University. Henry Olsen, director of the National Research Initiative at AEI, acted as moderated for the panel discussion.