First Principles Series Report posted February 24, 2009 by Bradley C. S. Watson
Progressivism and the New Science of Jurisprudence
More than any other branch of government, the judicial branch
has adopted a historicist view of the Constitution and
constitutionalism. This historicist view is not simply that we
have, of necessity, an interpretable Constitution. It goes further
and posits that the Constitution must be interpreted in light of a
Progressive understanding of society in which the…