How Progressives Rewrote the Constitution

How Progressives Rewrote the Constitution 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
  • Title: How Progressives Rewrote the Constitution
  • Author: Richard A. Epstein
  • ISBN: 9781933995069
  • Page: 495
  • Format: Paperback
  • How Progressives Rewrote the Constitution
    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 oHow 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 recent economic thought, still shape the Court s decisions.
    How Progressives Rewrote the Constitution By Richard A. Epstein,
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      Published :2019-08-24T13:24:17+00:00

    About " Richard A. Epstein "

  • Richard A. Epstein

    Richard A Epstein is the James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer at The University of Chicago Law School.Epstein started his legal career at the University of Southern California, where he taught from 1968 to 1972 He served as Interim Dean from February to June, 2001.He received an LLD, hc, from the University of Ghent, 2003 He has been a member of the American Academy of Arts and Sciences since 1985 and a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Medical School, also since 1983 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991 to 2001.His books include The Case Against the Employee Free Choice Act Hoover 2009 Supreme Neglect Antitrust Decrees in Theory and Practice Why Less Is More AEI 2007 Overdose How Excessive Government Regulation Stifles Pharmaceutical Innovation Yale University Press 2006 How Progressives Rewrote the Constitution Cato 2006 Cases and Materials on Torts Aspen Law Business 8th ed 2004 Skepticism and Freedom A Modern Case for Classical Liberalism University of Chicago 2003 Cases and Materials on Torts Aspen Law Business 7th ed 2000 Torts Aspen Law Business 1999 Principles for a Free Society Reconciling Individual Liberty with the Common Good Perseus Books 1998 Mortal Peril Our Inalienable Rights to Health Care Addison Wesley 1997 Simple Rules for a Complex World Harvard 1995 Bargaining with the State Princeton, 1993 Forbidden Grounds The Case against Employment Discrimination Laws Harvard 1992 Takings Private Property and the Power of Eminent Domain Harvard 1985 and Modern Products Liability Law Greenwood Press 1980 He has written numerous articles on a wide range of legal and interdisciplinary subjects.He has taught courses in civil procedure, communications, constitutional law, contracts, corporations, criminal law, health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law land use planning, patents, individual, estate and corporate taxation, Roman Law torts, and workers compensation.

  • 665 Comments

  • This elegant little volume is the result of a lecture given to the Cato Institute in 2004 by Richard Epstein, of which this is an extended version.Professor Epstein s lecture was on the Progressive movement on which I had long been critical on constitutional, economic and philosophical grounds This little gem offers his defense of the earlier opinions on many controversial topics, in which the Old Court supported economic liberties and held a limited view regarding federal power Given the proud [...]


  • A succinct and well done explanation of the shift in constitutional thought from the 1910s to the 1930s Although presented as a brief of sorts for the old view of the Constitution, Epstein does not engage in screeds or purist laissez faire doctrine In fact, Epstein is at pains to point out how much regulation could be done under the old view of the constitution He showcases the very broad, mercantilist views behind the clause on interstate and foreign commerce, and celebrates Chief Justice John [...]


  • Interesting Quote If there is one jurisprudential lesson that should be learned from Kelo v City of New London , it is that the Progressive tradition continues to operate in its bankrupt fashion to the present day The crushing defeat in Kelo is a disaster for the ordinary people who now stand to be thrown unceremoniously out of their homes But, than any academic writing could, it may expose the dangerous side of the big government position that is the hallmark of Progressive thought Richard Eps [...]


  • I started this book some time ago, but never finished it Turns out you just about need to have a legal mind i.e legal training to understand it At least it seemed that way to me There is a lot of discussion of obscure to the layman legal cases and precedents I just ran out of steam Maybe some other time


  • Well written summary of how progressive philosophy was implemented through Supreme Court decisions to dramatically alter the Constitution Decisions have dramatically altered the interpretation of individual freedom vs state power, free markets vs state planning and direction, etc Familiarity with the referenced court cases would definitely help.


  • A fairly good short read that talks about the constitution and the deliberate reinterpretation of it by the progressives and how activist judges on the Supreme Court have contributed to the erosion of liberties that were provided in the constitution to all Americans.



  • a short, and highly legalistic exploration of the Constitutional Revolution of 37, about which we do not learn in government schools.



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