This article examines the Fuller Court’s role in the constitutional development of the corporate state, connecting substantive due process and fragmented democratic authority to the institutional origins of “too big to fail.”
Publication status
Expected winter 2026–2027 (December 2026 or January 2027); publication date to be confirmed. The article has not yet appeared in its final journal issue. The journal cover and final citation will be added when the issue is published.
Read the current paper
The current paper is available on SSRN. It precedes the forthcoming journal publication.
Related scholarship
Constitutionalism and Democracy examines judicial review and popular sovereignty. For the earlier study of the Fuller Court, see On the Formation of the American Corporate State (2011).