Private Property and the Constitution

State Powers, Public Rights, and Economic Liberties

Author: James Huffman

Publisher: Springer

ISBN: 1137376732

Category: Law

Page: 220

View: 6767

This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.

Private Property and State Power

Philosophical Justifications, Economic Explanations, and the Role of Government

Author: J. Huffman

Publisher: Springer

ISBN: 1137376724

Category: Law

Page: 183

View: 3292

This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.

Liberty, Property, and Government

Constitutional Interpretation Before the New Deal

Author: Ellen Frankel Paul,Howard Dickman

Publisher: SUNY Press

ISBN: 9780791400876

Category: Law

Page: 303

View: 3896

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?

Economic Liberties and the Constitution

Author: Bernard H. Siegan

Publisher: Routledge

ISBN: 1351312510

Category: Law

Page: 435

View: 8599

In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare?most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason?the necessity?for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.

Constitutional Interpretation: Powers of Government

Author: Craig R. Ducat

Publisher: Cengage Learning

ISBN: 1133710409

Category: Education

Page: 552

View: 8019

One of the best-known, most comprehensive, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL INTERPRETATION, VOLUME I, Tenth Edition, is updated to reflect current issues and cases relevant to students. CONSTITUTIONAL INTERPRETATION, VOLUME I is known for offering a good balance between textual explanation and edited court cases but is written in clear, concise language. The text is popular with instructors because it explains difficult concepts extensively and clearly. In addition, each chapter possesses a stand-alone quality which gives the instructor freedom to use whatever he or she wishes, by chapter and within chapters. Major cases, notes, and charts support the text so students can clearly see how one concept relates to another. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany

A Comparative Analysis

Author: Hanri Mostert

Publisher: Springer Science & Business Media

ISBN: 9783540430063

Category: Law

Page: 643

View: 4227

The degree to which the traditional concept of property can be adjusted in order to accommodate basic constitutional concepts such as freedom and social duty, is analysed by the author. The focus is placed on recent reforms in the land law of Germany and South Africa. Remarkable similarities in the history, structure and interpretation of German and South African property law and constitutional law are indicated and a link between private law, constitutional law, land reform and legal comparison is established. This is of particular significance for the implementation of the constitutional objectives of land reform by the South African judiciary and legislature. It furthermore provides an overview of the intricate system of constitutional property protection that has been developed in German law.

The Revolutionary Constitution

Author: David J. Bodenhamer

Publisher: Oxford University Press

ISBN: 019991303X

Category: History

Page: 296

View: 4206

The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.

The Myth of Rights

The Purposes and Limits of Constitutional Rights

Author: Ashutosh Bhagwat

Publisher: Oxford University Press

ISBN: 0195377788

Category: Law

Page: 298

View: 4893

What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases, i.e. that rights protect autonomy. That understanding, however, is wrong and is, indeed, 'The Myth of Rights'. This book addresses the constitutional issues posed in these and many other areas of law and public policy.

Private Property and the Limits of American Constitutionalism

The Madisonian Framework and Its Legacy

Author: Jennifer Nedelsky

Publisher: University of Chicago Press

ISBN: 9780226569710

Category: Law

Page: 358

View: 6406

The United States Constitution was designed to secure the rights of individuals and minorities from the tyranny of the majority—or was it? Jennifer Nedelsky's provocative study places this claim in an utterly new light, tracing its origins to the Framers' preoccupation with the protection of private property. She argues that this formative focus on property has shaped our institutions, our political system, and our very understanding of limited government.

Economic Liberties and the Judiciary

Author: James A. Dorn,Henry G. Manne

Publisher: George Mason Univ Pr

ISBN: N.A

Category: Law

Page: 392

View: 7769

The articles in this volume present various aspects of what the editors term a "principled judicial activism" whose proponents view the constitution not mainly as blueprint for majoritarian democracy but as a charter for limited government and individual rights.

Property Rights and Eminent Domain

Author: Ellen Frankel Paul

Publisher: Transaction Publishers

ISBN: 9781412832151

Category: Social Science

Page: 276

View: 1724

In a country built on the institution of private property, property-owner rights have been under attack. By arguing that private property is a fundamental liberty whose protection deserves the highest priority, Ellen Frankel Paul challenges one of the dominant trends of the past half century: the erosion of property rights via zoning and land use restrictions, carried on by government exercising its "police power" or promoting "the public interest." Paul begins by examining the arguments of environmentalists in support of land-use legislation, and explores a few particularly troubling examples of the exercise of eminent domain and police powers. She traces the philosophical arguments for the two powers as well as their tortuous judicial history, the meaning of property rights and investigates how previous thinkers have defended these rights is detailed, and Paul suggests a more adequate defense for them. In the concluding portion of the book, the very legitimacy of eminent domain is questioned and the author offers recommendations for its reform. This analysis is wide in scope and makes creative use of historical, legal, economic, and philosophic methodologies. It not only gives an account of the present power regulations on land, but also provides an exhaustive history of the development of the law in these two areas and of the philosophical ideas of the thinkers who helped shape this process. This book is distinctive because it places a theory of the just acquisition of property at the heart of the answer to the question of the extent to which governments can rightfully exercise the powers of eminent domain and police. "Amazingly, in a country built on the institution of private property, the right to property in land has been under increasing assault, and has seldom been defended. Paul's book--by arguing that private property is a fundamental liberty whose protection deserves the highest priority--is a major step toward filling the void."--Robert Hessen, Stanford University Ellen Frankel Paul is Deputy Director of the Social Philosophy and Policy Center, and is professor of political science and philosophy at Bowling Green State University. She is also an adjunct scholar at the Cato Institute.

Grassroots Tyranny

The Limits of Federalism

Author: Clint Bolick

Publisher: Cato Institute

ISBN: 9781882577019

Category: Political Science

Page: 195

View: 3338

Shows how local government is sometimes the biggest violator of individual rights.

The Politics of Budget Control

Congress, the Presidency, and the Growth of the Administrative State

Author: John A. Marini

Publisher: Taylor & Francis

ISBN: 9780844817170

Category: Political Science

Page: 209

View: 5350

First Published in 1992. Routledge is an imprint of Taylor & Francis, an informa company.

Property Rights

Rights and Liberties Under the Law

Author: Polly J. Price

Publisher: ABC-CLIO

ISBN: 1576077683

Category: Law

Page: 321

View: 8146

Explores the legal status of property rights in the United States, covering such topics as zoning and environmental regulations, Native American land rights, property taxes, and property rights in cyberspace.

Constitutional Law of Ireland

Author: Michael Forde,David Leonard

Publisher: A&C Black

ISBN: 1847667384

Category: Law

Page: 991

View: 5611

Since the previous edition of this book, changes have taken place with Ireland's Articles of the Constitution, including challenges to the Articles, referenda, new legislation, and judicially-considered cases. This third edition is almost completely re-written as a result of the tumultuous changes in Irish constitutional law. Author Michael Ford - an accomplished constitutional law author and practitioner - offers the reader everything needed to know on this complex subject.

Liberty, Property, and the Future of Constitutional Development

Author: Howard Dickman,Ellen Frankel Paul

Publisher: SUNY Press

ISBN: 1438415656

Category: Political Science

Page: 341

View: 4414

This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930’s, 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.

Property Rights

From Magna Carta to the Fourteenth Amendment

Author: Bernard H. Siegan

Publisher: Transaction Publishers

ISBN: 9781412832168

Category: Law

Page: 329

View: 7947

Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard. The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.