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Mark Tushnet, The Emergence of a New Constitutional Order in the United States, 23 Tocqueville Rev. 9 (2002).

Abstract: Bruce Ackerman has argued that the U.S. constitutional system has undergone several major transformations.2 His recent witings continue to reject the proposition that the United States has recently experienced another constitutional transformation. I believe that he is wrong, and that the past decade has seen the consolidation of a new constitutional order, different from the one that prevailed from 1937 to the 1980s, which I call the New Deal-Great Society constitutional order.