How Progressives Rewrote the Constitution

Author: Richard A. Epstein

Publisher: Cato Institute

ISBN: 1933995297

Category: Political Science

Page: 158

View: 9598

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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. This book 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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The Fallacies of States' Rights

Author: Sotirios A. Barber

Publisher: Harvard University Press

ISBN: 0674070429

Category: Political Science

Page: 256

View: 8730

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Barber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.
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Natural Rights Individualism and Progressivism in American Political Philosophy: Volume 29

Author: Ellen Frankel Paul,Fred D. Miller, Jr,Jeffrey Paul

Publisher: Cambridge University Press

ISBN: 1107641942

Category: History

Page: 373

View: 4063

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"In 1776, the American Declaration of Independence appealed to "the Laws of nature and of Nature's God" and affirmed "these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness . . . ." In 1935, John Dewey, professor of philosophy at Columbia University, declared, "Natural rights and natural liberties exist only in the kingdom of mythological social zoology." These opposing pronouncements on natural rights represent two separate and antithetical American political traditions: natural rights individualism, the original Lockean tradition of the Founding; and Progressivism, the collectivist reaction to individualism which arose initially in the newly established universities in the decades following the Civil War"--
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The Madisonian Constitution

Author: George Thomas

Publisher: JHUP

ISBN: N.A

Category: Political Science

Page: 264

View: 8462

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Today, we think of constitutional questions as being settled by the Supreme Court.But that is not always the case, nor is it what the framers intended in constructing the three-branch federal government. This volume examines four crucial moments in the United States' political history -- the Civil War and Reconstruction, the Progressive Era, Franklin Delano Roosevelt's presidency and the New Deal, and the Reagan revolution -- to illustrate the Madisonian view that the present rise of judicial supremacy actually runs counter to the Constitution as established at the nation's founding. George Thomas opens by discussing how the Constitution encourages an antagonistic approach to settling disputes, thereby preserving itself as the nation's fundamental law rather then ceding that role to the president, Congress, or Supreme Court. In considering the four historical case studies, he focuses on judicial interpretations and the political branches' responses to them to demonstrate that competing conceptions of constitutional authority and meaning, as well as intergovernmental disputes themselves -- rather than any specific outcome -- strengthen the nature of the nation's founding document as a political instrument. Engagingly written and soundly argued, this study clarifies and highlights the political origins of the nation's foundational document and argues that American constitutionalism is primarily about countervailing power not legal limits enforced by courts. -- Michael P. Zuckert
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Symposium issue

Lincoln's constitutionalism in time of war : lessons for the war on terror?

Author: Chapman University. School of Law

Publisher: N.A

ISBN: N.A

Category: Political Science

Page: 306

View: 1762

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Symposium

looking backward, looking forward : the legacy of chief Justice Rehnquist and Justice O'Connor

Author: Barton H. Thompson,William H. Rehnquist,Stanford University. School of Law

Publisher: N.A

ISBN: N.A

Category: Law

Page: 390

View: 7255

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