The Primacy of Labor in American Constitutional Development

Karen Orren

American Political Science Review, 1995, vol. 89, issue 2, 377-388

Abstract: As demonstrated in landmark decisions of the U.S. Supreme Court, American constitutional development has been fueled since the framing by disputes arising from changing labor relations in both private and public settings. This pattern is explained by the original provisions of the Constitution, the English background of its emergence, and the primacy of labor as a theoretical concept for studying political change. The Court's decisions protecting property express the status quo, the establishment against which transformations proceed. However, the property cases may also be reinterpreted along the lines indicated.

Date: 1995
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