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  • Print publication year: 2019
  • Online publication date: June 2019

II - Courts and Crises

  • Edited by Tom Ginsburg, University of Chicago, Mark D. Rosen, Illinois Institute of Technology, Georg Vanberg, Duke University, North Carolina
  • Publisher: Cambridge University Press
  • pp 93-184


The American constitutional law of political economy underwent significant transformations in the years between the Wall Street Crash of 1929 and the Allied victory in World War II. Both state and federal power to regulate economic activity were enhanced substantially. The reasons for these developments have been explored at length in a voluminous literature. 1 This chapter considers the role that conditions of economic crisis might have played in cases involving judicial review of economic regulation.