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What the progressive movement is. this is not about the democrats. this is about the democrats and republicans, right? >> sure. teddy roosevelt was a progressive and woodrow wilson was progressive. it had strong influence in 1920s. hence the income tax. that we can solve problem with government solutions which means we have to move beyond the constitution. >> glenn: larry, can we -- if you are an originalist and says i believe in the constitution and what the founders did and the american experience, or the -- the experiment. can progressivism and original intent republicanism, if you will, ca...

Brilliant thing i think the founders did when the constitution is changed, you don't erase anything. you add it. for instance, the progressive prohibition is still in the constituti constitution, it's just repealed later. so you leave the scars of history and you can see, we made a really bad mistake here. when did we stop, when did we stop talking in public about changing the constitution? for instance, healthcare in the 1930s f.d.r. said we got to have a second bill of rights. when did that happen? when did we unplug really? >> between the end of world war ii and the end of the great society...

But what other judgments said the law means. it's a case law approach. >> it would be like if you're repairing or restoring a car, and you never go back to the original schematic of the car, you just see all of the repairs and what everybody has done no the to the car. a 1965 mustang, 200 years from now if you are only basing what you are doing on all of the repairs, it ain't going to be anything like a 1965 mustang, right? >> right. this is why you see during the supreme court confirmation hearings all of the progressive senators are really worked up about precedent. they're obsessed with pre...

Also elementary school, et cetera, et cetera, is accurate? >> a lot is inaccurate. starting with the progressives attack on the constitution. that the founders were not motivated by putting together a document that had eternal truths in it. that one generation should follow, the next generation should follow and so on. but it was a self-interested document that the founders wrote it and designed it to protect their economic interest. >> right. >> it became also that when you say eternal truths that god was not really there. it doesn't matter. the declaration of independence shouldn't even be r...

Right? >> that's right. and i believe the fellow you're talking about is rosco pound, who was the dean of harvard law school at the tail end of the progressive era. pound was basically someone who was responsible for applying progressive ideas to the law. and what it's called today is legal realism. that's the name of theory or the legal philosophy. and basically what legal realism does, glenn, it tries to take what the constitution says, which isn't what a lot of the judges thinks it needs to say and through case law, through decisions they apply it, they shall we say read it flexably, libera...