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 hand, 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.
Michael Allan Wolf, Looking Backward: Richard Epstein Ponders the “Progressive” Peril, 105 Mich. L. Rev. 1233 (2007), available at http://scholarship.law.ufl.edu/facultypub/407