Was reading about Oliver Wendell Holmes recently. An early “Progressive,” and anti-religion and anti natural-law supreme court justice.
Seems much of this can be traced back to him.
Up until 1870 law students were taught what the law said and what it meant. In 1870 Christopher Columbus Langdell became the dean of Harvard Law. Dean was a great admirer of Charles Darwin and his belief in evolution and thus that rights were NOT granted by the Creator. His method of teaching, known as the case method, or case law, taught that there was no need to go back to the Constitution to determine if laws were constitutional. Instead, one only had to rely on cases that were already settled. Oliver Wendell Holmes was one of his students.
Up until 1870 law students were taught what the law said and what it meant. In 1870 Christopher Columbus Langdell became the dean of Harvard Law. Dean Langdell was a great admirer of Charles Darwin and his belief in evolution and thus that rights were NOT granted by the Creator. His method of teaching, known as the case method, or case law, taught that there was no need to go back to the Constitution to determine if laws were constitutional. Instead, one only had to rely on cases that were already settled. Oliver Wendell Holmes was one of his students.