The new constitutional order / Mark Tushnet.

Includes bibliographical references (pages 237-253) and index.

Introduction -- The idea of a constitutional order -- -- Chapter one -- The political institutions of the new constitutional order -- -- Chapter two -- The supreme court of the new constitutional order -- -- Chapter three -- Beyond the new constitutional order? -- -- Chapter four -- The jurisprudence of the new constitutional order -- -- Chapter five -- Globalization and the new constitutional order -- -- Conclusion -- Regulation in the new constitutional order.

In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1.

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