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Chapter 17 - Consolidating the New Constitutional Regime

The Third and Fourth Planks – Labor Law and Intergovernmental Immunity

from Section D: The New Constitutional Regime

Published online by Cambridge University Press:  13 January 2022

Mark V. Tushnet
Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
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Summary

This Chapter deals with the Court’s decisions on the reach of the National Labor Relations Act, and its revisiting cases involving intergovernmental immunities, including a reconceptualization of them as impicating primarily questions about interpreting federal statutes rather than the Constitution. It also examines some cases raising questions related to those decided in Blaisdell and the Gold Clause Cases, and shows that the Court did not repudiate the restrictive implications of those decisions.

Keywords

labor lawintergovernmental immunitiesHelvering v. GerhardtGraves v. New York ex rel O’Keefe
Type
Chapter
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The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
 , pp. 389 - 407
Publisher: Cambridge University Press
Print publication year: 2022

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