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How Progressives Rewrote the Constitution

Thomas Mann

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How Progressives Rewrote the Constitution

by Richard A. Epstein

4.5 out of 5

Language	:	English
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The Constitution is a living document, meaning that it can be interpreted in different ways to meet the needs of the times. Progressives have been particularly adept at reinterpreting the Constitution to advance their agenda. This has led to a number of changes in the way that the Constitution is understood and applied.

The Commerce Clause

One of the most significant changes that progressives have made to the Constitution is their reinterpretation of the Commerce Clause. The Commerce Clause gives Congress the power to regulate interstate commerce. In the past, this power was interpreted narrowly to only apply to activities that directly affected interstate commerce. However, progressives have argued that the Commerce Clause can be interpreted more broadly to give Congress the power to regulate any activity that has a substantial effect on interstate commerce. This interpretation has allowed Congress to pass a wide range of laws that would not have been possible under the old interpretation of the Commerce Clause.

The Due Process Clause

Another important change that progressives have made to the Constitution is their reinterpretation of the Due Process Clause. The Due Process Clause guarantees that no person shall be deprived of life, liberty, or property without due process of law. In the past, this clause was interpreted to only protect individuals from arbitrary government action. However, progressives have argued that the Due Process Clause can be interpreted more broadly to protect a wide range of individual rights, including the right to privacy, the right to vote, and the right to abortion.

The Equal Protection Clause

The Equal Protection Clause guarantees that all persons shall be treated equally under the law. In the past, this clause was interpreted to only prohibit discrimination based on race. However, progressives have argued that the Equal Protection Clause can be interpreted more broadly to prohibit discrimination based on any characteristic, including gender, sexual orientation, and religion.

The Supreme Court

The Supreme Court has played a key role in the progressive reinterpretation of the Constitution. The Court has ruled in favor of progressive interpretations of the Commerce Clause, the Due Process Clause, and the Equal Protection Clause. This has helped to advance the progressive agenda and has made it more difficult for conservatives to challenge progressive policies.

Progressives have had a significant impact on the way that the Constitution is interpreted and applied. They have reinterpreted the Commerce Clause, the Due Process Clause, and the Equal Protection Clause to advance their agenda. This has led to a number of changes in the way that the Constitution is understood and applied.

How Progressives Rewrote the Constitution

by Richard A. Epstein

4.5 out of 5