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Fordham University School of Law




The basic question for this conference is whether we as a people have entered, or are on the verge of entering, a new constitutional order. In 2003, Mark Tushnet published a terrific book, The New Constitutional Order, an expansion of his insightful Foreword: The New Constitutional Order and the Chastening of Constitutional Ambition in the Harvard Law Review.2 The title of that book was an inspiration for the title of this conference. And the title of that article is the basis for the title of my article. For years, liberals and progressives have been anticipating or announcing a conservative revolution or counter-revolution ushering in a new constitutional order. Tushnet argued that the Rehnquist Court's constitutional jurisprudence amounted to a chastening of constitutional aspirations rather than a launching of a conservative revolution or counterrevolution.



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