alternatehistory.com

The Great Depression changed the way the SCOTUS interpreted the Constitution. Beginning with Lochner v. New York, the SCOTUS applied strict scrutiny to economic regulations. However, due to the Depression, they had to abandon protecting economic liberties altogether. Instead, their new "mission" became to protect civil liberties, which continues today.

Use a POD in which the Depression never occurs for whatever reason (US never entering WWI, more regulation, etc.).

How does constitutional law develop? Will the SCOTUS continue demanding a free market? Will they eventually try to protect civil liberties as well?
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