The Living Constitution and the (Almost) Dead Contracts Clause
Author | Thomas Halper |
Position | Professor, Political Science, Baruch College & CUNY Graduate Center |
Pages | 387-403 |
Under pressure to adapt to changing circumstances, the contract clause, though
expressed in absolute terms, may now be violated for almost any reason at all. The
living Constitution, in short, has virtually killed what was once a key constitutional
provision.
Living Constitution; Contract Clause; Balancing Test; Home Building Association
v. Blaisdell; Sveen v. Melin
© 2020 Thomas Halper, published by Sciendo.
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 License.
9 Br. J. Am. Leg. Studies (2020)
3
5 6
The Constitution as Instrument and as Symbol
Constitution and Court as Symbols
Our Perfect
Constitution
supra
The Yankee Spyin
Changing Metaphors of Political Structures
Analysis by Metaphor
388
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