TY  - GEN
N2  - 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.
DO  - 10.4159/harvard.9780674726499
DO  - doi
AB  - 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.
T1  - The Classical Liberal Constitution :The Uncertain Quest for Limited Government /
AU  - Epstein, Richard A., 
JF  - EBOOK PACKAGE Complete Package 2014
JF  - EBOOK PACKAGE Law 2014
JF  - Harvard University Press Complete eBook-Package 2014-2015
EP  - ZDB-23-DGG
EP  - ZDB-23-DGC
LA  - eng
LA  - In English.
ID  - 1479460
KW  - LAW / Constitutional.
SN  - 9780674726499
TI  - The Classical Liberal Constitution :The Uncertain Quest for Limited Government /
LK  - https://univsouthin.idm.oclc.org/login?url=https://www.degruyter.com/isbn/9780674726499
UR  - https://univsouthin.idm.oclc.org/login?url=https://www.degruyter.com/isbn/9780674726499
ER  -