Title
The Classical Liberal Constitution : The Uncertain Quest for Limited Government / Richard A. Epstein.
ISBN
9780674726499
Published
Cambridge, MA : Harvard University Press, [2014]
Copyright
©2013
Language
English
Language Note
In English.
Description
1 online resource (700 p.)
Other Standard Identifiers
10.4159/harvard.9780674726499 doi
Dewey Decimal Classification
340.09
Summary
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.
Access Note
Access limited to authorized users.
System Details Note
Mode of access: Internet via World Wide Web.
Digital File Characteristics
text file PDF
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 30. Aug 2021)
Frontmatter
Contents
Preface: My Constitutional Odyssey
PART ONE. PRELIMINARIES
PART TWO. CONSTITUTIONAL STRUCTURES
SECTION I. THE JUDICIAL POWER
SECTION II. THE LEGISLATIVE POWER
SECTION III. THE EXECUTIVE POWER
PART THREE. INDIVIDUAL RIGHTS
SECTION I. PROPERTY, CONTRACT, AND LIBERTY
SECTION II. SPEECH
SECTION III. RELIGION
SECTION IV. EQUAL PROTECTION
PART FOUR. CONCLUSION
Notes
Index of Cases
General Index
