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How Progressives Rewrote the Constitution [Hardcover]

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Item description for How Progressives Rewrote the Constitution by Richard A. Epstein...

Richard A. Epstein traces the Old Court's treatment of federalism and economic liberty and shows how early 20th-century progressives prevailed eventually in undermining those principles, supplanting competitive markets with government-created cartels and monopolies

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Item Specifications...

Pages   120
Est. Packaging Dimensions:   Length: 7.1" Width: 4.6" Height: 0.8"
Weight:   0.55 lbs.
Binding  Hardcover
Release Date   Feb 25, 2006
Publisher   Cato Institute
ISBN  1930865872  
ISBN13  9781930865877  

Availability  0 units.

More About Richard A. Epstein

Register your artisan biography and upload your photo! Richard A. Epstein is James Parker Hall Distinguished Service Professor of Law, University of Chicago, and Peter and Kirstin Bedford Senior Fellow at the Hoover Institution.

Richard A. Epstein currently resides in Chicago, in the state of Illinois. Richard A. Epstein was born in 1927 and has an academic affiliation as follows - University of Chicago.

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Product Categories

1Books > Subjects > History > Americas > United States > 20th Century > General
2Books > Subjects > History > Americas > United States > General
3Books > Subjects > Law > Constitutional Law > Constitutional Law
4Books > Subjects > Law > Perspectives on Law > Legal History
5Books > Subjects > Nonfiction > Government > Constitutions
6Books > Subjects > Nonfiction > Politics > General
7Books > Subjects > Nonfiction > Politics > History & Theory
8Books > Subjects > Professional & Technical > Law > Constitutional Law > General
9Books > Subjects > Professional & Technical > Law > Perspectives on Law > Legal History

Reviews - What do customers think about How Progressives Rewrote the Constitution?

Review  Feb 26, 2008
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.
Could've Been a Home Run...  May 29, 2007
Having extensively studied Con Law, I was already aware of the "rewriting" of our constitution. There's an absolute gold mine of case law to support this notion. I feel like Epstein didn't make the best use of this treasure trove however. At times it seemed almost like Epstein was going easy on the Supreme Court.

I think he focuses too heavily on economic theory and not enough on constitutional originalism. The title of his book is "How Progressives Rewrote the Constitution" but sometimes the content seemed more like "Why Progressive Economic Theory is Worse Than Classic Liberalism." He tries to reconcile this discrepancy by asserting that the constitution IS classically liberal. He doesn't make much of an effort, however, to sell this point. Of course, realistically this book is most likely just preaching to the choir that bought that premise long ago. I still felt he needed to (and having read other pieces from him and having seen him speak I have no doubt he could have) expounded on this foundation of his argument.

As a random complaint, he spends a lot of time distinguishing libertarians from classic liberals. Given the greater conflict at hand (i.e. liberalism vs. progressivism), I found it odd that he would devote so much space to this topic.
An Excellent Review of Judicial History  May 22, 2006
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.

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