The Classical Liberal Constitution: The Uncertain Quest for by Richard A. Epstein

By Richard A. Epstein

Epstein has now produced a full-scale and full-throated safeguard of his strange imaginative and prescient of the structure. This e-book is his magnum opus a lot of his ebook involves complete and tremendously targeted bills of the way constitutional provisions needs to be understood All of Epstein s specific discussions are instructive, and such a lot of them are provocative Epstein has written a passionate, realized, and dedicated book.--Cass R. Sunstein"New Republic" (05/18/2014)"

Richard A. Epstein is Laurence A. Tisch Professor of legislations at long island college college of legislations, Peter and Kirsten Bedford Senior Fellow on the Hoover establishment, and James Parker corridor wonderful provider Professor Emeritus of legislation and Senior Lecturer on the college of Chicago legislations university.

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9 Taken at face value, that approach should not change the balance of interpretation. If any particular phrase of a provision has a classical liberal purpose that tracks the text, then the two approaches should reinforce, not undermine, each other. Yet Breyer’s switch in emphasis from text to purpose is meant to exploit a perceived slippage between the two conceptions, so as to let the justices play fast and loose with text. More striking, Breyer’s appeal to this supposed interpretive norm does not rest on any overarching normative framework that justifies the endless succession of government interventions in ordinary private transactions.

21 But in 1787 the terms “democracy” and “republicanism” were used as opposites, not synonyms. These concerns with popular democracy date back at least to Aristotle’s Politics, which lists democracy, along with tyranny and oligarchy, as one of the three “perversions” of governments, whose “right”22 forms are Polity (or the Republic), Kingship, and Aristocracy. ”24 The fear was that state governments could become monarchies or degenerate into popular democracies, which the United States was duty-bound to forestall, by the use of force if necessary.

18 Manifestly, republicans opposed the monarchical, English-style regime. Historically, however, a republic was also defined in opposition to a democracy, in particular a popular democracy, which to them connoted demagogic rule by the masses, whose political power could easily trample on the very rights of liberty and property that government was sworn to preserve. Indeed, on this issue, Madison was far from alone, as other writers of the time also chimed in on the dangers of wayward state governments.

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