The Classical Liberal Constitution : : The Uncertain Quest for Limited Government / / Richard A. Epstein.

• Superior document: Title is part of eBook package: De Gruyter EBOOK PACKAGE Complete Package 2014
• VerfasserIn: Epstein, Richard A.,
• Place / Publishing House: Cambridge, MA : : Harvard University Press, , [2014]; ©2013
• Year of Publication: 2014
• Language: English
• Physical Description: 1 online resource (700 p.)

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.

Table of Contents

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