Search Results: the-classical-liberal-constitution-the-uncertain-quest-for-limited-government

The Classical Liberal Constitution

Author: Richard A. Epstein

Publisher: Harvard University Press

ISBN: 0674727800

Category: Law

Page: 700

View: 6998

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original constitutional design. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, classical liberalism emphasized federalism, restricted government, separation of powers, and strong protection of individual rights. New Deal progressives challenged this synthesis by embracing government as a force for social good rather than a necessary evil. The Supreme Court has unwisely ratified the progressive program by sustaining many legislative initiatives at odds with the classical liberal Constitution. Epstein addresses both the Constitution's structural safeguards against state power and its protection of individual rights. He sheds light on contemporary disputes ranging from presidential prerogatives to health care legislation, while exploring such enduring topics as judicial review, economic regulation, freedom of speech and religion, and equal protection.

The Classical Liberal Constitution

Author: Richard A. Epstein

Publisher: Harvard University Press

ISBN: 0674726499

Category: Law

Page: 701

View: 8194

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original constitutional design. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, classical liberalism emphasized federalism, restricted government, separation of powers, and strong protection of individual rights. New Deal progressives challenged this synthesis by embracing government as a force for social good rather than a necessary evil. The Supreme Court has unwisely ratified the progressive program by sustaining many legislative initiatives at odds with the classical liberal Constitution. Epstein addresses both the Constitution's structural safeguards against state power and its protection of individual rights. He sheds light on contemporary disputes ranging from presidential prerogatives to health care legislation, while exploring such enduring topics as judicial review, economic regulation, freedom of speech and religion, and equal protection.

The Classical Liberal Constitution

Author: Richard A. Epstein

Publisher: Harvard University Press

ISBN: 9780674724891

Category: Law

Page: 700

View: 1435

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original constitutional design. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, classical liberalism emphasized federalism, restricted government, separation of powers, and strong protection of individual rights. New Deal progressives challenged this synthesis by embracing government as a force for social good rather than a necessary evil. The Supreme Court has unwisely ratified the progressive program by sustaining many legislative initiatives at odds with the classical liberal Constitution. Epstein addresses both the Constitution's structural safeguards against state power and its protection of individual rights. He sheds light on contemporary disputes ranging from presidential prerogatives to health care legislation, while exploring such enduring topics as judicial review, economic regulation, freedom of speech and religion, and equal protection.

How Progressives Rewrote the Constitution

Author: Richard A. Epstein

Publisher: Cato Institute

ISBN: 1933995297

Category: Political Science

Page: 158

View: 5177

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.

Design for Liberty

Private Property, Public Administration, and the Rule of Law

Author: Richard A. Epstein

Publisher: Harvard University Press

ISBN: 0674063058

Category: Law

Page: 248

View: 8424

The noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state gives too much discretion to regulators, which results in arbitrary, unfair decisions and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights.

The Classical Liberal Constitution

The Uncertain Quest for Limited Government

Author: Richard A. Epstein

Publisher: N.A

ISBN: 9780674975460

Category:

Page: 704

View: 4861

Principles For A Free Society

Reconciling Individual Liberty With The Common Good

Author: Richard A. Epstein,A Epstein

Publisher: N.A

ISBN: 9780786748754

Category: Political Science

Page: 364

View: 8428

The country's leading libertarian scholar sets forth the essential principles for a legal system that best balances individual liberty versus the common good.

Takings

Private Property and the Power of Eminent Domain

Author: Richard Allen EPSTEIN,Richard Allen Epstein

Publisher: Harvard University Press

ISBN: 0674036557

Category: Law

Page: 376

View: 9781

If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein 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.

Go Directly to Jail

The Criminalization of Almost Everything

Author: Gene Healy

Publisher: Cato Institute

ISBN: 9781930865631

Category: Law

Page: 173

View: 8289

The American criminal justice system is becoming ever more centralized and punitive, owing to rampant federalization and mandatory minimum sentencing guidelines. Go Directly to Jail examines these alarming trends and proposes reforms that could rein in a criminal justice apparatus at war with fairness and common sense.

Forbidden Grounds

The Case Against Employment Discrimination Laws

Author: Richard A. Epstein

Publisher: Harvard University Press

ISBN: 9780674308091

Category: Business & Economics

Page: 530

View: 1461

This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws.He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major

Constitutional Originalism

A Debate

Author: Robert W. Bennett,Lawrence B. Solum

Publisher: Cornell University Press

ISBN: 0801461111

Category: Law

Page: 224

View: 3313

Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.

Mortal Peril

Our Inalienable Right to Health Care?

Author: Richard A. Epstein

Publisher: Basic Books

ISBN: 9780738201894

Category: Medical

Page: 503

View: 6699

Examines the social and financial benefits of an unregulated healthcare system while offering examples of how present day regulations are affecting medical care from being provided in specific areas. Reprint.

The American Illness

Essays on the Rule of Law

Author: F. H. Buckley

Publisher: Yale University Press

ISBN: 0300175213

Category: Business & Economics

Page: 534

View: 4818

DIVThis provocative book brings together twenty-plus contributors from the fields of law, economics, and international relations to look at whether the U.S. legal system is contributing to the country’s long postwar decline. The book provides a comprehensive overview of the interactions between economics and the law—in such areas as corruption, business regulation, and federalism—and explains how our system works differently from the one in most countries, with contradictory and hard to understand business regulations, tort laws that vary from state to state, and surprising judicial interpretations of clearly written contracts. This imposes far heavier litigation costs on American companies and hampers economic growth./div

The Redistribution Recession

How Labor Market Distortions Contracted the Economy

Author: Casey B. Mulligan

Publisher: Oxford University Press

ISBN: 0199942218

Category: Business & Economics

Page: 351

View: 5792

"Major subsidies and regulations intended to help the poor and unemployed were changed in more than a dozen ways after 2007. Economist Casey B. Mulligan argues that many of these changes were reasonable reactions to economic events, with the intention of helping people endure the recession, but they also reduced incentives for people to work and businesses to hire. He measures the startling changes in implicit tax rates that resulted from a labyrinth of new and expanded 'social safety net' programs, and quantifies the effects of these changes on the labor market and the economy. He also reveals how borrowers can expect their earnings to affect the amount that lenders will forgive in debt renegotiation, and how this has acted as a massive implicit tax on earning. He explains how redistribution in the forms of subsidies, taxes and minimum-wage laws profoundly altered the path of the economy and made the recent recession one of the deepest and longest in decades. The Redistribution Recession is a controversial, clear-cut, and thoroughly researched analysis of the effects of various government policies on the labor market. It offers ground-breaking interpretations and precise explanations of the interplay between unemployment and financial markets."--Jacket.

Supreme Neglect

How to Revive Constitutional Protection For Private Property

Author: Richard A. Epstein

Publisher: Oxford University Press on Demand

ISBN: 0195304608

Category: Law

Page: 186

View: 8016

A critical study that uses both political theory and economic analysis to argue that private property is a sound social institution offers a succinct, pointed look at property rights in America. By the author of Takings.

Classical Liberalism

Author: Charles Siegel

Publisher: N.A

ISBN: 9780978872861

Category: History

Page: 250

View: 5211

"Classical Liberalism is a must read. For one thing, readers should not deprive themselves of the pure enjoyment of this engaging and clear-minded narrative of a broad swath of history. For another, anyone concerned about the state of democratic civil society in the West, and worried about its future, cannot afford to neglect this disarming analysis." - Prof. Elisabeth Lasch-Quinn, Syracuse University According to the conventional history, liberalism went through two phases, laissez-faire liberalism and modern liberalism. This book rediscoveers a lost tradition of liberal thought and shows that liberalism went through three phases: Classical liberalism believed in positive freedom, the right of people to manage their own affairs and to govern themselves. Victorian liberalism had two aspects. Laissez-faire liberalism accommodated the industrial economy by inventing the ideal of negative freedom: freedom was simply absence of government control. There was also a more idealistic aspect of Victorian liberalism which is largely forgotten today but which was central to the abolitionist and feminist movements. Modernist liberalism kept the laissez-faire idea of negative freedom but applied it to a narrow realm of personal behavior. It expected centralized organizations to make important decisions, and it emphasized personal freedom. Laissez-faire and modernist liberalism redefined freedom as negative in order to accommodate economic growth. To revitalize the liberal tradition, we need to revive the ideal of positive freedom.

Constitutional Conservatism

Author: Peter Berkowitz

Publisher: Hoover Press

ISBN: 0817916040

Category: Law

Page: 133

View: 1402

Social conservatives and libertarians: Is a meeting of the minds possible? Feuding among US conservatives for the title True Conservative is nothing new. Underlying the feud has been a failure to grasp that conservatism in America forms a family of principles that require accommodation: to each other, to the exigencies of the moment, and to the changing habits and opinions of the American people. In Constitutional Conservatism, Peter Berkowitz identifies the political principles social conservatives and libertarians share, or should share, and sketches the common ground on which they can and should join forces. Drawing on the writings of Edmund Burke, The Federalist, and the high points of post-War II American conservatism, Berkowitz argues that the top political priority for social conservatives and libertarians should be to rally around the principles of liberty crystallized in the US Constitution and pursue reform in light of them. He shows that this task depends on the cultivation of the virtue of political moderation, which at its peak consists in the balancing of rival but worthy principles. He concludes that constitutional conservatism, well understood, provides a sturdy framework for developing a distinctive political agenda to which both social conservatives and libertarian conservatives can in good conscience subscribe.

Our Republican Constitution

Securing the Liberty and Sovereignty of We the People

Author: Randy E. Barnett

Publisher: HarperCollins

ISBN: 0062412302

Category: Political Science

Page: 320

View: 9493

A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.

The Alien and Sedition Acts of 1798

Testing the Constitution

Author: Terri Diane Halperin

Publisher: JHU Press

ISBN: 142141970X

Category: History

Page: 168

View: 7246

In May 1798, after Congress released the XYZ Affair dispatches to the public, a raucous crowd took to the streets of Philadelphia. Some gathered to pledge their support for the government of President John Adams, others to express their disdain for his policies. Violence, both physical and political, threatened the safety of the city and the Union itself. To combat the chaos and protect the nation from both external and internal threats, the Federalists swiftly enacted the Alien and Sedition Acts. Oppressive pieces of legislation aimed at separating so-called genuine patriots from objects of suspicion, these acts sought to restrict political speech, whether spoken or written, soberly planned or drunkenly off-the-cuff. Little more than twenty years after Americans declared independence and less than ten since they ratified both a new constitution and a bill of rights, the acts gravely limited some of the very rights those bold documents had promised to protect. In The Alien and Sedition Acts of 1798, Terri Diane Halperin discusses the passage of these laws and the furor over them, as well as the difficulties of enforcement. She describes in vivid detail the heated debates and tempestuous altercations that erupted between partisan opponents: one man pulled a gun on a supporter of the act in a churchyard; congressmen were threatened with arrest for expressing their opinions; and printers were viciously beaten for distributing suspect material. She also introduces readers to the fraught political divisions of the late 1790s, explores the effect of immigration on the new republic, and reveals the dangers of partisan excess throughout history. Touching on the major sedition trials while expanding the discussion beyond the usual focus on freedom of speech and the press to include the treatment of immigrants, Halperin’s book provides a window through which readers can explore the meaning of freedom of speech, immigration, citizenship, the public sphere, the Constitution, and the Union.

The Choice for Europe

Social Purpose and State Power from Messina to Maastricht

Author: Andrew Moravcsik

Publisher: Routledge

ISBN: 1134215347

Category: BUSINESS & ECONOMICS

Page: 528

View: 5747

The creation of the European Union arguably ranks among the most extraordinary achievements in modern world politics. Observers disagree, however, about the reasons why European governments have chosen to co- ordinate core economic policies and surrender sovereign perogatives. This text analyzes the history of the region's movement toward economic and political union. Do these unifying steps demonstrate the pre-eminence of national security concerns, the power of federalist ideals, the skill of political entrepreneurs like Jean Monnet and Jacques Delors, or the triumph of technocratic planning? Moravcsik rejects such views. Economic interdependence has been, he maintains, the primary force compelling these democracies to move in this surprising direction. Politicians rationally pursued national economic advantage through the exploitation of asymmetrical interdependence and the manipulation of institutional commitments.

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