Document Type
Article
Publication Date
6-2005
ISSN
0006-8047
Publisher
Boston University School of Law
Language
en-US
Abstract
Professor Lynn Baker's contribution to this symposium extends her long term project both to defend and to critique the Supreme Court's decisions on the scope of congressional power. I find this work valuable and not a little provocative. If Baker's account of the decisions thus far is even partly right, the Court is poised to assume decision-making responsibility that has long been ceded to Congress. If her proposals for the future are adopted, we are in for a cataclysmic constitutional event that rivals the convulsive period when the nation confronted the judicial arrogation of authority associated (rightly or wrongly) with the decision we're here to remember: Lochner v. New York. Concomitantly, we are faced with the same methodological masks the Lochner Court wore to conceal what it was actually about. With a few notable exceptions, the modem Court has revealed no inclination routinely to superintend state regulatory policy.
Recommended Citation
Larry Yackle,
Lochner: Another Time, Another Place
,
85
Boston University Law Review
765
(2005).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/736
Comments
Symposium: Lochner Centennial Conference