Living Constitution, Dying Faith: Progressivism and the New Science of Jurisprudence February 24, 2009

Hosted by: The Heritage Foundation

With the arrival of the new administration, judicial nominations will once again become a central concern for all those interested in the preservation of our constitutional order. Based upon his newly released book – Living Constitution, Dying Faith: Progressivism and the New Science of Jurisprudence – political scientist and legal historian Bradley C.S. Watson will discuss how the contemporary embrace of the “living” Constitution has arisen from the radical transformation of American political thought. This transformation, brought about in the late 19th Century by the philosophies of social Darwinism and pragmatism, explains how and why contemporary jurisprudence is so alien to the constitutionalism of the American Founders, and why today’s courts rule the way they do. Today’s view – rooted in progressivism – is that we have a Constitution that must be interpreted in light of “historically situated,” continually evolving notions of the individual, the state, and society. This modern historical approach has been embraced by the judicial appointees of both Democratic and Republican presidents.

Official Website: http://www.heritage.org/press/events/ev022409a.cfm