The Constitutional Economic Liberty Warrior
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The right to earn a living is as fundamental to human dignity as any right explicitly enumerated in the Constitution — yet federal courts typically review occupational licensing restrictions under the highly deferential rational basis test, upholding even regulations with no conceivable relationship to public health or safety. The constitutional warrior who challenges occupational licensing must deploy the complete doctrinal arsenal: meaningful rational basis review, the dormant Commerce Clause for interstate practice barriers, the Privileges or Immunities Clause, and state constitutional economic liberty provisions.
The Constitutional Economic Liberty Warrior is Volume LVI of Wayne Richard Evangelista's Constitutional Law Series.
Wayne Richard Evangelista covers the full economic liberty constitutional landscape: the Lochner era — Lochner v. New York, its overruling in West Coast Hotel Co. v. Parrish, and the post-Lochner rational basis test's extraordinary deference; the limited post-Lochner revival — Carolene Products's footnote four and the emerging academic and judicial challenge to extreme rational basis deference; occupational licensing constitutional challenges — Williamson v. Lee Optical's deferential standard, Merrifield v. Lockyer's more demanding Ninth Circuit approach, and recent circuit divergence; the Privileges or Immunities Clause — Saenz v. Roe's revival and the potential for a Fourteenth Amendment economic liberty challenge; the dormant Commerce Clause and professional licensing — discrimination against out-of-state professionals and National Pork Producers v. Ross; and state constitutional economic liberty where states apply heightened scrutiny to licensing restrictions.
The Constitutional Economic Liberty Warrior
$69.99
Sale price
$69.99
Regular price