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Democracy Paradox

Joseph Fishkin on the Constitution, American History, and Economic Inequality

50 min • 1 februari 2022

For many Americans, for the first many generations really up through the mid 20th century, the constitutional order seemed to rest on and depend on an economic order in which people had enough economic clout to be independent citizens and voters. Not serfs dependent on some kind of master.

Joseph Fishkin

A full transcript is available at www.democracyparadox.com or a short review of The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy  here.

Joseph Fishkin is a Professor of Law at UCLA School of Law. He is the coauthor (along with William E. Forbath) of The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy.

Key Highlights

  • How did Montana reform its laws to limit the influence of Amalgamated Copper?
  • When do questions of inequality become constitutional questions?
  • How did the courts undermine labor laws in the early 20th century?
  • What are the affirmative obligations and duties in the constitution?
  • What is the proper role of the courts in American politics?

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Key Links

The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy by Joseph Fishkin and William E. Forbath

Follow Joseph Fishkin on Twitter @joeyfishkin

Learn more about Joseph Fishkin at UCLA Law

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