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Author: Ellen Frankel Paul
Publisher: SUNY Press
Published: 1989-01-01
Total Pages: 200
ISBN-13: 9780887069154
DOWNLOAD EBOOK →Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.
Author: Ellen Frankel Paul
Publisher: SUNY Press
Published: 1990-07-05
Total Pages: 356
ISBN-13: 9780791403044
DOWNLOAD EBOOK →This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930s, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the double standard. The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.
Author: Ludwig Von Mises
Publisher: Ludwig von Mises Institute
Published: 1988
Total Pages: 54
ISBN-13: 1610164075
DOWNLOAD EBOOK →"Originally delivered as a lecture at Princeton University, October 1958, at the 9th meeting of the Mont Pelerin Society"--Page 7. Includes bibliographical references.
Author: Ellen Frankel Paul
Publisher: SUNY Press
Published: 1989-01-01
Total Pages: 316
ISBN-13: 9780791400869
DOWNLOAD EBOOK →This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth. The authors grapple with such questions as: how should the commerce clause be interpreted? To what extent did the historical development of eminent domain law depart from the "rhetoric" of takings jurisprudence? How was the Constitution connected to economic growth in the nineteenth century? What was the effect of the post-/civil War constitutional amendments? How did the right to contract affect government attempts to balance private rights with the public good? What was the reaction of leading constitutional theorists to the dominance of a laissez-fair philosophy in the Court and the nation at the turn of the century?
Author: Timothy Sandefur
Publisher: Cato Institute
Published: 2006-10-25
Total Pages: 170
ISBN-13: 1933995327
DOWNLOAD EBOOK →The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”
Author: Richard A. Epstein
Publisher: Harvard University Press
Published: 2011-11-15
Total Pages: 247
ISBN-13: 0674063058
DOWNLOAD EBOOK →Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
Author: Merrill D. Peterson
Publisher:
Published: 2010
Total Pages: 0
ISBN-13: 9780865977884
DOWNLOAD EBOOK →"[Book title] covers the constitutional conventions convened in New York, Massachusetts, and Virginia in the 1820s to address fundamental policy issues, such as suffrage, legislative apportionment and representation, governmental structures, and freedom of religion. The clash between democracy, liberty, and property is conspicuous in the debates reprinted here. These particular state conventions are significant for their influence over neighboring states' constitutions and for their forceful debates among such leading statesmen as John Adams, James Madison, James Monroe, and John Marshall."--Jacket.
Author: Edward Keynes
Publisher: Penn State Press
Published: 1996-02-15
Total Pages: 256
ISBN-13: 0271072717
DOWNLOAD EBOOK →In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting "liberty of contract" against economic regulation to protecting "privacy" and other noneconomic rights (as in Roe v. Wade) against social regulation.
Author: Ellen Meiksins Wood
Publisher: Verso Books
Published: 2012-02-01
Total Pages: 337
ISBN-13: 1844677524
DOWNLOAD EBOOK →The formation of the modern state, the rise of capitalism, the Renaissance and Reformation, the scientific revolution and the Age of Enlightenment have all been attributed to the “early modern” period. Nearly everything about its history remains controversial, but one thing is certain: it left a rich and provocative legacy of political ideas unmatched in Western history. The concepts of liberty, equality, property, human rights and revolution born in those turbulent centuries continue to shape, and to limit, political discourse today. Assessing the work and background of figures such as Machiavelli, Luther, Calvin, Spinoza, the Levellers, Hobbes, Locke and Rousseau, Ellen Wood vividly explores the ideas of the canonical thinkers, not as philosophical abstractions but as passionately engaged responses to the social conflicts of their day.
