The Classical Liberal Constitution: The Uncertain
Quest for Limited Government
by Richard A. Epstein (Author)
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 text, and to
the limited government this theory supports.
Grounded in the thought of Locke, Hume, Madison, and
other Enlightenment figures, the classical liberal tradition emphasized
federalism, restricted government, separation of powers, property rights, and
economic liberties. The most serious challenge to this tradition, Epstein
contends, has come from New Deal progressives and their intellectual defenders.
Unlike Thomas Paine, who saw government as a necessary evil at best, the
progressives embraced government as a force for administering social good. The
Supreme Court has unwisely ratified the progressive program by sustaining an
ever-lengthening list of legislative programs at odds with the classical
liberal Constitution.
Epstein's carefully considered analysis addresses both
halves of the constitutional enterprise: its structural safeguards against
excessive government power and its protection of individual rights. He
illuminates contemporary disputes ranging from presidential prerogatives to
health care legislation, while reexamining such enduring topics as the
institution of judicial review, the federal government's role in regulating economic
activity, freedom of speech and religion, and equal protection.
