How Progressives Rewrote the Constitution

How Progressives Rewrote the Constitution

3.2 4
by Richard A. Epstein
     
 

ISBN-10: 1933995068

ISBN-13: 9781933995069

Pub. Date: 09/25/2007

Publisher: Cato Institute

How Progressives Rewrote the Constitution explores the fundamental shift in political and economic thought of the Progressive Era and how the Supreme Court was used to transform the Constitution into one that reflected the ideas of their own time, while undermining America's founding principles. Epstein examines key decisions to demonstrate how Progressives attacked…  See more details below

Overview

How Progressives Rewrote the Constitution explores the fundamental shift in political and economic thought of the Progressive Era and how the Supreme Court was used to transform the Constitution into one that reflected the ideas of their own time, while undermining America's founding principles. Epstein examines key decisions to demonstrate how Progressives attacked much of the legal precedent and eventually weakened the Court's thinking concerning limited federal powers and the protection of individual rights. Progressives on the Court undermined basic economic principles of freedom and competition, paving the way for the modern redistributive and regulatory state. As Epstein writes, the Progressives, were determined that their vision of the managed economy should take precedent in all areas of life. Although they purported to have great sophistication on economic and social matters, their understanding was primitive. The Progressives and their modern defenders have to live with the stark truth that the noblest innovations of the Progressive Era were its greatest failures. How Progressives Rewrote the Constitution shows that our modern constitutional law, fashioned largely by the New Deal Court in the late 1930s, has its roots in Progressivism, not in our country's founding principles, and how so many of those ideas, however discredited by more recent economic thought, still shape the Court's decisions.

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Product Details

ISBN-13:
9781933995069
Publisher:
Cato Institute
Publication date:
09/25/2007
Pages:
156
Sales rank:
617,261
Product dimensions:
4.65(w) x 7.07(h) x 0.38(d)

Table of Contents

Preface : why we must reopen closed debates
1Introduction1
2The classical liberal synthesis14
AFirst principles14
BThe old court federalism19
CEconomic liberties and property rights35
3The progressive era52
AFederalism revisited53
BIndividual rights77
4The post-progressive period111
5Progressivism today117

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