How Progressives Rewrote the Constitution |  | Author: Richard A. Epstein
Publisher: Cato Institute
Category: Book
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Rating:  9 reviews
Sales Rank: 27240
Media: Paperback
Pages: 156
Number Of Items: 1
Shipping Weight (lbs): 0.3
Dimensions (in): 6.9 x 4.5 x 0.5
ISBN: 1933995068
Dewey Decimal Number: 342.73029
EAN: 9781933995069
ASIN: 1933995068
Publication Date: September 25, 2007
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Product Description
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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Showing reviews 1-5 of 9
 An Excellent Review of Judicial History May 22, 2006
Ralph Bradley (Washington, DC)
57 out of 64 found this review helpful
Because the political philosophy of our fathers is rooted in a combination of Lockean and Hobbesian philosophy, the initial Federal government's role was basically defense, foreign policy, and refereeing interstate commerce. It was not to provide for needs such as retirement, health, food assistance, farm support, or recreation. Yet, today the federal government is involved in all these activities, and over time, individual property rights have been highly compromised, and personal responsibility is no longer an legally binding.
This book gives us a judicial history of the key court cases that lead to this outcome. It then critiques the logical flaws of the progressive thinking. It does not explain how the key judges who decided these key court cases got to the bench. Therefore, one should not and cannot rely solely on this book to give one a complete understanding how political power shifted in this country so that the vision of our founders could be destroyed. It is perhaps good that this book is not comprehensive because it would be much longer and we can use our time more efficiently by first examining the court decisions and then later one try to figure out how the court changed its guiding philosophy.
I recommend this book to those who are trying to restore liberal principals to American Federalism. (Please note that liberal here begins with a small l.
Great concise review of judical history. January 11, 2009
Joseph M. Creaney
3 out of 5 found this review helpful
I read this book in about four hours today. I realy agree with his definision of classical liberalism that is government sets up a framework of secuity in which people gain more freedoms through security. There is diferation between progressive liberal and liberitarian. I would hope more people would read this book to understand how many liberties have been lost. There are so many good points on how the progressive way of thinking has not been enlightened or successful.
We as a country are still in the progressive mindset of the courts and we have not so much changed the rulings from progressive courts but overcome them.
This book is not highly parizant or overly critical and should be read by people who migh not agree with the premise of the book that the constution has had significat changes and meaning have been changed of kep part over the last 70 or so years. I would higly encourage anyone who is interested in government or politics to read this book. I would recoment that those on the left atleast consider the arguments put forth and the results that are documented here.
De-bunking the Negative Attitude Towards "Turning Back the Clock" August 2, 2009
Edward S. Paxson (Fairbanks, Alaska)
1 out of 2 found this review helpful
Professor Epstein hit another one out of the park with this book. He firmly and clearly gives a good, but brief overview of the time periods in which the Constitution completely departed from its origional intent and boundaries for the destructive benevolence of the Supreme Court.
He does a good job at differentiating between what is classical liberalism and what is staunch libertarianism. He laid out the facts showing that for example, child labor sharply fell from 1900-1930 while incomes sharply increased during the same time period, of which was all before any child labor laws or wage laws even existed. He has the intelligence to really show how "turning back the clock" by re-opening old wounds is what we should do not only for our benefit, but also to get back to following our governing document, the Constitution.
His work is so well informed and argued that it is unfortunate not enough people know who he is.
Crystallizes where the U.S. went wrong like no other book September 11, 2009
Robert Hess (Arlington, MA)
0 out of 1 found this review helpful
This is an amazing synthesis of the history of the Judicial revolution, how and why it happened, and the major players and cases involved. I highly recommend it, especially to the first-year law student in connection with their Constitutional Law studies.
Review February 26, 2008
Don (Pittsburgh, PA USA)
1 out of 5 found this review helpful
I have not read the entire book yet, but the beginning is very informative. The US Constitution is a unique work, and we Americans need to take time to revisit it. The book appears to explain how we recent generations of Americans have changed a very important document, our Constitution, and not for the good.
Showing reviews 1-5 of 9
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