Neoliberal Constitutionalism: Lochnerism for a New Economy

Abstract

Neoliberalism has a constitutional face. It figures in judicial and popular interpretations of free speech, due process, equal protection, and federalism, as surely as it does in intellectual property, family law, health policy, and the other areas that our contributors address. In this article, I make the case that there is something special about the constitutional expression of neoliberalism, which arises from three features of constitutional law: its basicness, its breadth, and its integrating tendency.