Economic Liberties and the Constitution

Economic Liberties and the Constitution
Author: Bernard H. Siegan
Publisher: Routledge
Total Pages: 263
Release: 2017-09-29
Genre: Law
ISBN: 1351312502

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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.

Economic Liberties and the Judiciary

Economic Liberties and the Judiciary
Author: James A. Dorn
Publisher: Univ Publ Assn
Total Pages: 417
Release: 1988-09-12
Genre: Political Science
ISBN: 1461737796

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Essays in this volume refocus attention on Constitutional protection for economic liberties. Divided into three parts, the book deals with the following topics: Interpreting the Constitution: Theory and Practice; Property Rights, Activism and the Judicial Process; and Recent Economic Issues in the Courts.

Liberty, Property, and the Foundations of the American Constitution

Liberty, Property, and the Foundations of the American Constitution
Author: Ellen Frankel Paul
Publisher: SUNY Press
Total Pages: 210
Release: 1989-01-01
Genre: Political Science
ISBN: 9780887069147

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Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.

Liberty, Property, and the Future of Constitutional Development

Liberty, Property, and the Future of Constitutional Development
Author: Howard Dickman
Publisher: State University of New York Press
Total Pages: 360
Release: 1990-07-05
Genre: Political Science
ISBN: 1438415656

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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.

Economic Liberties and the Judiciary

Economic Liberties and the Judiciary
Author: James A. Dorn
Publisher:
Total Pages: 424
Release: 1987
Genre: Civil rights
ISBN:

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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.

Economic Liberty and the Constitution

Economic Liberty and the Constitution
Author: Jacob G. Hornberger
Publisher:
Total Pages: 66
Release: 2009
Genre: Economic liberties (U.S. Constitution)
ISBN:

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Liberty, Property, and Government

Liberty, Property, and Government
Author: Ellen Frankel Paul
Publisher: SUNY Press
Total Pages: 316
Release: 1989-07-03
Genre: Political Science
ISBN: 9780791400876

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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?

Liberty, Virtue, and Happiness

Liberty, Virtue, and Happiness
Author: Edward W. Ryan
Publisher: Nova Biomedical Books
Total Pages: 326
Release: 2000
Genre: Business & Economics
ISBN: 9781560726203

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CONTENTS: The Idea of Economic Freedom; Economic Freedom in Colonial America; The Great American War for Freedom & Independence; 1776-Political Freedom: The Declaration of Independence; 1776-Economic Freedom: Adam Smith & the Wealth of Nations; Victory & its Aftermath; The United States Constitution: Political Freedom; The United States Constitution: Economic Freedom; Free Markets in Action: The People; Free Markets in Action: The Results; Economic Freedom & the State: I; Economic Freedom & the State: II; Economic Freedom: Happiness & Virtue: I; Economic Freedom: Happiness & Virtue: II; Conclusions.