This Article examines the subject of economic rights under the Constitution and the role that the Judiciary has taken in interpreting those rights. The author discusses the various stages of constitutional review which should be applied to the issue of economic rights, and argues that judges should move away from being legislators in this area and return to a more thorough examination of the Framer's intentions that underlie the Contract Clause and the Takings Clause.
Robert H. Bork,
The Constitution, Original Intent, and Economic Rights,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol23/iss4/3