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Bradley C. S. Watson, "Progressivism: The Strange History of a Radical Idea" (U Notre Dame Press, 2020)

New Books in Law

CHAPTER

The Pros and Cons of Progressivism

The Constitution is a kind of empty vessel into which progressives can pour their political action so we're kind of stuck with the Constitution because we can't formally amend it or at least not easily amend it. So we come up where the progressives come up with workarounds for that and one of the major workarounds they come up with is judicial power, living constitutionalism. The words of the Constitution just don't matter much anymore what you really need our creative progressive justices telling us what those words mean for the present day. It's a very, very pernicious thing this growth of progressive thought and the fact that we don't understand it comes back again I think to the historians.

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