22 Pages Posted: 17 May 2010
Date Written: 2007
In "How Progressives Rewrote the Constitution," Richard Epstein bemoans the growth of a dominant big government. How Progressives should receive a warm reception from the audience, lawyers and laypeople alike, who view the New Deal as a mistake of epic proportions. For the rest of us, significant gaps will still remain between, on the one hard, our understanding of the nation’s past and of the complex nature of constitutional lawmaking and, on the other, Epstein’s version of the nature of twentieth-century reform and Progressive jurisprudence.
Keywords: Constitutional History, Progressivism, Richard Epstein, Supreme Court
JEL Classification: K10
Suggested Citation: Suggested Citation
Wolf, Michael Allan, Looking Backward: Richard Epstein Ponders the 'Progressive Peril' (2007). Michigan Law Review, Vol. 105, pp. 1233-1253, 2007. Available at SSRN: https://ssrn.com/abstract=1607856