Author: Richard A. Epstein

Publisher: Cato Institute

ISBN: 1933995297

Category: Political Science

Page: 158

View: 1356

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.
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Author: Richard Allen Epstein

Publisher: Cato Institute

ISBN: 9781930865877

Category: History

Page: 156

View: 1502

Richard A. Epstein traces the Old Court's treatment of federalism and economic liberty and shows how early 20th-century progressives prevailed eventually in undermining those principles, supplanting competitive markets with government-created cartels and monopolies
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Author: Richard A. Epstein

Publisher: Cato Inst

ISBN: 9781933995069

Category: History

Page: 156

View: 8633

In this provocative book, Richard Epstein shows how Progressives saw in constitutional interpretation an opportunity to advance their political agenda. They transformed a Constitution that reflected the influence of John Lock and James Madison into one that reflected the ideas of the leading intellectuals of their own time. As a result, they rewrote, because they did not understand, key provisions of the constitutional text.
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Author: Richard A. Epstein

Publisher: Harvard University Press

ISBN: 0674726499

Category: Law

Page: 701

View: 6784

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.
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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: 5280

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.
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Where the Constitution Goes Wrong (and how We the People Can Correct It)

Author: Sanford Levinson

Publisher: Oxford University Press

ISBN: 0195365577

Category: Law

Page: 249

View: 7622

Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer
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Private Property, Public Administration, and the Rule of Law

Author: Richard A. Epstein

Publisher: Harvard University Press

ISBN: 0674063058

Category: Law

Page: 248

View: 2590

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.
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Our Inalienable Right to Health Care?

Author: Richard A. Epstein

Publisher: Basic Books

ISBN: 9780738201894

Category: Medical

Page: 503

View: 5840

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.
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A Modern Case for Classical Liberalism

Author: Richard A. Epstein

Publisher: University of Chicago Press

ISBN: 9780226213040

Category: Philosophy

Page: 311

View: 6877

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.
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Reconciling Individual Liberty With The Common Good

Author: Richard A. Epstein,A Epstein

Publisher: N.A

ISBN: 9780786748754

Category: Political Science

Page: 364

View: 3518

The country's leading libertarian scholar sets forth the essential principles for a legal system that best balances individual liberty versus the common good.
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How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom

Author: Robert A. Levy,William Mellor

Publisher: Cato Institute

ISBN: 1935308327

Category: Law

Page: 302

View: 5388

Alexander Hamilton wrote that “the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution.” If only that were true. The Founding Fathers wanted the judicial branch to serve as a check on the power of the legislative and executive, and gave the Supreme Court the responsibility of interpreting the Constitution in a way that would safeguard individual freedoms. In some cases, like Brown V. Board of Education and United States V. Lopez, the Court fulfilled its role, protecting us from racial discrimination and the heavy hand of the federal government. But sadly, the Supreme Court has also handed down many destructive decisions on cases you probably never learned about in school. In The Dirty Dozen, two distinguished legal scholars shed light on the twelve worst cases, which allowed government to interfere in your private contractual agreements; curtail your rights to criticize or support political candidates; arrest and imprison you indefinitely, without filing charges; and seize your private property, without compensation, when someone uses the property for criminal activity—even if you don’t know about it! This is not a book just for lawyers. It’s for all Americans who want to understand how the Supreme Court can affect our right to life, liberty, and the pursuit of happiness. This paperback edition includes a new preface, “Guns, Bailouts, and Empathetic Judges,” which highlights new and critical issues that have arisen since the book’s initial edition was published in 2008.
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Author: Richard A. Epstein

Publisher: Academic Press

ISBN: 012397870X

Category: Games

Page: 465

View: 1581

Early in his rise to enlightenment, man invented a concept that has since been variously viewed as a vice, a crime, a business, a pleasure, a type of magic, a disease, a folly, a weakness, a form of sexual substitution, an expression of the human instinct. He invented gambling. Recent advances in the field, particularly Parrondo's paradox, have triggered a surge of interest in the statistical and mathematical theory behind gambling. This interest was acknowledge in the motion picture, "21," inspired by the true story of the MIT students who mastered the art of card counting to reap millions from the Vegas casinos. Richard Epstein's classic book on gambling and its mathematical analysis covers the full range of games from penny matching to blackjack, from Tic-Tac-Toe to the stock market (including Edward Thorp's warrant-hedging analysis). He even considers whether statistical inference can shed light on the study of paranormal phenomena. Epstein is witty and insightful, a pleasure to dip into and read and rewarding to study. The book is written at a fairly sophisticated mathematical level; this is not "Gambling for Dummies" or "How To Beat The Odds Without Really Trying." A background in upper-level undergraduate mathematics is helpful for understanding this work. Comprehensive and exciting analysis of all major casino games and variants Covers a wide range of interesting topics not covered in other books on the subject Depth and breadth of its material is unique compared to other books of this nature Richard Epstein's website: www.gamblingtheory.net
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From Ancient Times to the Present, CourseSmart eTextbook

Author: Jay M Shafritz,Christopher Borick

Publisher: Routledge

ISBN: 1317349709

Category: Political Science

Page: 304

View: 9065

Writing the perfect complement to their bestseller, Introducing Public Administration, Shafritz and Borick highlight the great drama inherent in public policy -- and the ingenuity of its makers and administrators -- in this new casebook that brings thrilling, true life adventures in public administration to life in an engaging, witty style. Drawing on a unique assortment of literary, historic, and modern examples, Cases in Public Policy and Administration exposes students to public administration in practice by telling the tales of: How Thurgood Marshall led the legal fight for civil rights and made it possible for Barack Obama to become president How the ideas of an academic economist and a famous novelist led to the recession that started in 2008 How Al Gore really deserves just a little bit of credit for inventing the Internet How the decision was made by President Harry Truman to drop the first atomic bomb on Japan in order to end World War II How the current American welfare state was inspired by a German chancellor How a Nazi war criminal inadvertently provided the world with a lesson in bureaucratic ethics How Napoleon Bonaparte encouraged the job of chief of staff to escape from the military and live in contemporary civilian offices How an obscure state department bureaucrat wrote the policy of containment that allowed the United States to win the Cold War with the Soviet Union How Dwight D. Eisenhower was started on the road to the presidency by a mentor he found in the Panamanian rain forest How Florence Nightingale gathered statistics during the Crimean War that helped lead to contemporary program evaluation.
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Author: Robert H. Bork

Publisher: Simon and Schuster

ISBN: 9781439188866

Category: Political Science

Page: 448

View: 1814

Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law. In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the “original understanding” of the Framers and the people for whom it was written. Widely hailed as the most important critique of the nation’s intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Bork’s chillingly emblematic experiences during the Senate Judiciary Committee’s hearing on his Supreme Court nomination.
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Politicizing History in Postwar America

Author: Erik Christiansen

Publisher: University of Wisconsin Pres

ISBN: 0299289036

Category: History

Page: 302

View: 1721

After the turmoil of the Great Depression and World War II, Americans looked to the nation’s more distant past for lessons to inform its uncertain future. By applying recent and emerging techniques in mass communication—including radio and television programs and commercial book clubs—American elites working in media, commerce, and government used history to confer authority on their respective messages. With insight and wit, Erik Christiansen uncovers in Channeling the Past the ways that powerful corporations rewrote history to strengthen the postwar corporate state, while progressives, communists, and other leftists vied to make their own versions of the past more popular. Christiansen looks closely at several notable initiatives—CBS’s flashback You Are There program; the Smithsonian Museum of American History, constructed in the late 1950s; the Cavalcade of America program sponsored by the Du Pont Company; the History Book Club; and the Freedom Train, a museum on rails that traveled the country from 1947 to 1949 exhibiting historic documents and flags, including original copies of the U.S. Constitution and the Magna Carta. It is often said that history is written by the victors, but Christiansen offers a more nuanced perspective: history is constantly remade to suit the objectives of those with the resources to do it. He provides dramatic evidence of sophisticated calculations that influenced both public opinion and historical memory, and shows that Americans’ relationships with the past changed as a result.
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1492-Present

Author: Howard Zinn

Publisher: Routledge

ISBN: 1317325303

Category: History

Page: 744

View: 350

This is a new edition of the radical social history of America from Columbus to the present. This powerful and controversial study turns orthodox American history upside down to portray the social turmoil behind the "march of progress". Known for its lively, clear prose as well as its scholarly research, A People's History is the only volume to tell America's story from the point of view of - and in the words of - America's women, factory workers, African-Americans, Native Americans, the working poor, and immigrant laborers. As historian Howard Zinn shows, many of America's greatest battles - the fights for fair wage, an eight-hour workday, child-labor laws, health and safety standards, universal suffrage, women's rights, racial equality - were carried out at the grassroots level, against bloody resistance. Covering Christopher Columbus's arrival through the Clinton years A People's History of the United States, which was nominated for the American Book Award in 1981, is an insightful analysis of the most important events in US history.
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How Congress Abuses the People through Delegation

Author: David Schoenbrod

Publisher: Yale University Press

ISBN: 0300159595

Category: Political Science

Page: 276

View: 5355

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Property Rights in 21st Century America

Author: Timothy Sandefur

Publisher: Cato Institute

ISBN: 1933995327

Category: Law

Page: 156

View: 6576

The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”
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Author: Allan Nevins,Henry Steele Commager,Jeffrey Morris

Publisher: Simon and Schuster

ISBN: 0671790234

Category: History

Page: 719

View: 7754

A general survey of the events that shaped this nation tells the story of the politicians, soldiers, and citizens who played a major role in America's development
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Slavery in the Nation's Highest Court

Author: Paul Finkelman

Publisher: Harvard University Press

ISBN: 0674051211

Category: Judges

Page: 304

View: 6485

In ruling after ruling, the three most important pre-Civil War justices--Marshall, Taney, and Story--upheld slavery. Paul Finkelman establishes an authoritative account of each justice's proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life.
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