Constitutional Values and Socioeconomic Justice – Evaluating Corporate Law

In recent decades, US economic growth has not ensured shared prosperity. While overall progress has been significant, many families and communities remain excluded, facing insecurity and disaffection. This disconnect challenges the belief that the economy serves all citizens. The nation's founding documents-the Declaration of Independence (1776) and the Constitution-articulated enduring values: liberty, equality, and the promotion of citizens' economic wellbeing. These universal democratic values should guide lawmaking, serving both as standards for developing laws and as metrics for assessing their legitimacy. This essay advances a theory of constitutional values for democratic societies, applying it to corporate law. Drawing on US history, it highlights the deficiencies of corporate law and their consequences for socioeconomic justice.