Summary: Since West Coast Hotel Co. v. Parrish and the end of the Lochner Era, the Supreme Court has adhered to the belief that "[t]he Constitution does not speak of freedom of contract." But is this commitment consistent with an original understanding of the Constitution? This panel will address whether the Constitution permits the extensive state regulation of economic affairs. Even if Lochner as a decision was illegitimate, has the Supreme Court retreated too far in protecting economic liberties from state interference? Is the Constitution a thoroughly libertarian document or is it compatible with a high degree of state regulation? Does either understanding come with any limiting principles? If so, what is their source? In any event, is it desirable for a constitution to constrain the power of the state in the area of redistribution and economic regulation? The Federalist Society's Student Division presented this panel at the 2011 Annual Student Symposium on February 25, 2011. Opening remarks were delivered by University of Virginia Federalist Society President Ben Massey and Prof. Lillian R. BeVier of the University of Virginia School of Law. Panelists included Prof. Randy Barnett of Georgetown University Law Center; Prof. Jeffrey Rosen of The George Washington University Law School; and Judge Debra Ann Livingston of the U.S. Court of Appeals for the Second Circuit as the moderator. The Panel was introduced by Mr. Devin DeBacker, Speakers and Panels Vice Chair for the University of Virginia Federalist Society.
