Progressive Challenges To The American Constitution

This book details the origins of American progressivism and its enduring effects on American politics and constitutionalism in the twenty-first century.

This book details the origins of American progressivism and its enduring effects on American politics and constitutionalism in the twenty-first century

This book details the origins of American progressivism and its enduring effects on American politics and constitutionalism in the twenty-first century.

At its core this book is intellectual history, tracing the work of progressive historians as they in turn wrote the history of progressivism. In Progressivism: The Strange History of a Radical Idea, Bradley C. S. Watson presents an intellectual history of American progressivism as a philosophical-political phenomenon, focusing on how and with what consequences the academic discipline of history came to accept and propagate it. This book offers a meticulously detailed historiography and critique of the insularity and biases of academic culture. It shows how the first scholarly interpreters of progressivism were, in large measure, also its intellectual architects, and later interpreters were in deep sympathy with their premises and conclusions. Too many scholarly treatments of the progressive synthesis were products of it, or at least were insufficiently mindful of two central facts: the hostility of progressive theory to the Founders’ Constitution and the tension between progressive theory and the realm of the private, including even conscience itself. The constitutional and religious dimensions of progressive thought—and, in particular, the relationship between the two—remained hidden for much of the twentieth century. This pathbreaking volume reveals how and why this scholarly obfuscation occurred. The book will interest students and scholars of American political thought, the Progressive Era, and historiography, and it will be a useful reference work for anyone in history, law, and political science.

Does the president represent the entire nation? Or does he speak for core partisans and narrow constituencies? The Federalist Papers, the electoral college, history and circumstance from the founders’ time to our own: all factor in theories of presidential representation, again and again lending themselves to different interpretations. This back-and-forth, Jeremy D. Bailey contends, is a critical feature, not a flaw, in American politics. Arriving at a moment of great debate over the nature and exercise of executive power, Bailey’s history offers an invaluable, remarkably relevant analysis of the intellectual underpinnings, political usefulness, and practical merits of contending ideas of presidential representation over time. Among scholars, a common reading of political history holds that the founders, aware of the dangers of demagogy, created a singularly powerful presidency that would serve as a check on the people’s representatives in Congress; then, this theory goes, the Progressives, impatient with such a counter-majoritarian approach, reformed the presidency to better reflect the people’s will—and, they reasoned, advance the public good. The Idea of Presidential Representation challenges this consensus, offering a more nuanced view of the shifting relationship between the president and the American people. Implicit in this pattern, Bailey tells us, is another equivocal relationship—that between law and public opinion as the basis for executive power in republican constitutionalism. Tracing these contending ideas from the framers time to our own, his book provides both a history and a much-needed context for our understanding of presidential representation in light of the modern presidency. In The Idea of Presidential Representation Bailey gives us a new and useful sense of an enduring and necessary feature of our politics.

In William Howard Taft’s Constitutional Progressivism Kevin J. Burns makes a compelling case that Taft’s devotion to the Constitution of 1787 contributed to his progressivism. In contrast to the majority of scholarship, which has viewed Taft as a reactionary conservative because of his constitutionalism, Burns explores the ways Taft’s commitment to both the Constitution and progressivism drove his political career and the decisions he made as president and chief justice. Taft saw the Constitution playing a positive role in American political life, recognizing that it created a national government strong enough to enact broad progressive reforms. In reevaluating Taft’s career, Burns highlights how Taft rejected the “laisser [sic] faire school,” which taught that “the Government ought to do nothing but run a police force.” Recognizing that the massive industrial changes following the Civil War had created a plethora of socioeconomic ills, Taft worked to expand the national government’s initiatives in the fields of trust-busting, land conservation, tariff reform, railroad regulation, and worker safety law. Burns offers a fuller understanding of Taft and his political project by emphasizing Taft’s belief that the Constitution could play a constructive role in American political life by empowering the government to act and by undergirding and protecting the reform legislation the government implemented. Moreover, Taft recognized that if the Constitution could come to the aid of progressivism, political reform might also redound to the benefit of the Constitution by showing its continued relevance and workability in modern America. Although Taft’s efforts to promote significant policy-level reforms attest to his progressivism, his major contribution to American political thought is his understanding of the US Constitution as a fundamental law, not a policy-oriented document. In many ways Taft can be thought of as an originalist, yet his originalism was marked by a belief in robust national powers. Taft’s constitutionalism remains relevant because while his principles seem foreign to modern legal discourse, his constitutional vision offers an alternative to contemporary political divisions by combining political progressivism-liberalism with constitutional conservatism.

Calvin Coolidge lived during a time of constitutional transformation – the Progressive Era and World War I – before serving as President of the United States from 1923-1929. Thomas J. Tacoma argues that Coolidge contended with this changing regime and world through as a Burkean conservative and an Americanist politician. In The Political Thought of Calvin Coolidge: Burkean Americanist, Tacoma contextualizes Coolidge’s thought in the Progressive milieu of the age and Coolidge’s own educational background in New England and then presents the core of Coolidge’s political thought: civilization. Tacoma maintains that Coolidge believed in civilization and that the traditional American political and economic order represented the highest achievements in western civilization. Coolidge’s speeches ranged across American history to defend the virtues of the American regime, and in his political career, he undertook to defend the constitutional regime he had inherited. Coolidge, famous for his emphasis on thrift, likewise situated his views on economy within his larger vision of civilization, and he mixed realism and idealism in his developed views on international relations. Through extensive research, Tacoma examines the way Coolidge responded to the challenge of upholding American civilization in the face of a changing world.

In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.