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Author: Richard A. Epstein
Publisher: Cato Institute
ISBN: 1933995297
Category : Political Science
Languages : en
Pages : 175
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Book 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. 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.
Author: Richard A. Epstein
Publisher: Cato Institute
ISBN: 1933995297
Category : Political Science
Languages : en
Pages : 175
Get Book Here
Book 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. 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.
Author: Rogers M. Smith
Publisher: Harvard University Press
ISBN: 9780674530157
Category : Law
Languages : en
Pages : 350
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Book Description
'A major work in the field of American political and legal philosophy. Smith analyzes the liberal goals of the framers of the Constitution and the weaknesses of their political thought...This book will undoubtedly be the focus of debate in scholarly and legal circles for years to come...It is a work of grand scholarship.' -Thomas A. Karel, Law Books in Review
Author: Paul Dragos Aligica
Publisher: Oxford University Press
ISBN: 0190267046
Category : Business & Economics
Languages : en
Pages : 281
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Book Description
Classical liberalism entails not only a theory about the scope of government and its relationship with the market but also a distinct view about how government should operate within its proper domain of public choices in non-market settings. Building on the political economy principles underpinning the works of diverse authors such as Friedrich Hayek, James Buchanan and Vincent and Elinor Ostrom, this book challenges the technocratic-epistocratic perspective in which social goals are defined by an aggregated social function and experts simply provide the means to attain them. The authors argue that individualism, freedom of choice, and freedom of association have deep implications on how we design, manage and assess our public governance arrangements. The book examines the knowledge and incentive problems associated with bureaucratic public administration while contrasting it with democratic governance. Aligica, Boettke, and Tarko argue that the focus should be on the diversity of opinions in any society regarding "what should be done" and on the design of democratic and polycentric institutions capable of limiting social conflicts and satisfying the preferences of as many people as possible. They thus fill a large gap in the literature, the public discourse, and the ways decision makers understand the nature and administration of the public sector.
Author: András Sajó
Publisher: Oxford University Press
ISBN: 0191046043
Category : Law
Languages : en
Pages : 606
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Book Description
Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674036557
Category : Law
Languages : en
Pages : 377
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Book Description
If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.
Author: Stuart Hampshire
Publisher: Cambridge University Press
ISBN: 9780521293525
Category : Business & Economics
Languages : en
Pages : 156
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Book Description
Collection of essays by well-known British and American philosophers on the moral principles by which public policies and political decisions should be judged: does effective political action necessarily involve and justify actions which the individual would regard as unacceptable in "private" morality?
Author: Howard Schweber
Publisher: Cambridge University Press
ISBN: 1139462598
Category : Philosophy
Languages : en
Pages : 15
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Book Description
This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws.
Author: Richard A. Epstein
Publisher: University of Chicago Press
ISBN: 9780226213040
Category : Law
Languages : en
Pages : 324
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Book Description
With this book, Richard A. Epstein provides a spirited and systematic defense of classical liberalism against the critiques mounted against it over the past thirty years. One of the most distinguished and provocative legal scholars writing today, Epstein here explains his controversial ideas in what will quickly come to be considered one of his cornerstone works. He begins by laying out his own vision of the key principles of classical liberalism: respect for the autonomy of the individual, a strong system of private property rights, the voluntary exchange of labor and possessions, and prohibitions against force or fraud. Nonetheless, he not only recognizes but insists that state coercion is crucial to safeguarding these principles of private ordering and supplying the social infrastructure on which they depend. Within this framework, Epstein then shows why limited government is much to be preferred over the modern interventionist welfare state. Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic trap that all judgments about our political institutions have equal worth. A brilliant defense of classical liberalism, Skepticism and Freedom will rightly be seen as an intellectual landmark.
Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674063058
Category : Law
Languages : en
Pages : 247
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Book Description
Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
Author: Jonathan Bean
Publisher: Independent Institute
ISBN: 1598134000
Category : Social Science
Languages : en
Pages : 460
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Book Description
In this long-awaited updated edition of Race & Liberty in America: The Essential Reader, editor Jonathan Bean draws on timeless and urgent insights from America's most principled anti-racist standard-bearers—and they could not be more relevant for our troubled and polarized time. In 2009, when Race & Liberty in America: The Essential Reader was originally published, there was a spirit of optimism surrounding race relations. Fifteen years later, a far different spirit prevails: one fraught with tensions, many regrettably familiar and some new. Which raises the question: What happened? And more importantly: How can we set things right? With new contributions from Thomas Sowell, Coleman Hughes, Thomas Chatterton Williams, Wilfred Reilly, Kenny Xu, David Bernstein, and Ilya Somin—as well as a plethora of primary source evidence from recent landmark US Supreme Court decisions—Bean champions the values of colorblindness, freedom, and equal constitutional protection for all individuals—regardless of race. It's a message that couldn't be more timely. This first collection of writings on race and immigration to document the role of the classical liberal tradition—a tradition rooted in natural law principles of individual rights and liberty—reveals: Why classical liberals have espoused "unalienable Rights" derived from God, individual freedom from government control, the Constitution as a guarantor of freedom, color-blind law, and capitalism; How classical liberals led the fights against slavery and racism against seemingly insurmountable odds and long before such positions became popular; What classical liberals' defense of a "natural right" to migration implies for today's immigration controversies; How capitalism undermines racism by penalizing those who act on their "taste for discrimination"; Why America's obtuse preoccupation with left-versus-right politics overshadows solutions to racial division; How we can improve race relations in the United States today; And much, much more... From the Declaration of Independence, the antislavery movement, post–Civil War reconstruction, the Progressive Era, the Great Depression and World War II, the civil rights era, George Floyd and Black Lives Matter, all the way up to the present day—each chapter in this new and improved updated edition illuminates how specific time periods in American history grappled with the demands of equality. Citing such influential Americans as Thomas Jefferson, Louis Marshall, Frederick Douglass, Booker T. Washington, and Zora Neale Hurston, plus those missing from other books and heretofore lost to history, Bean shows how classical liberal thought on race relations has helped shape both law and public opinion ... and how it will need to do so again, if America as we know it is to prosper and thrive. If you're ready to trade the tired and failed left-versus-right politics for timeless principles that actually work and uplift societies, read Race & Liberty in America.
