Guardian of Every Other Right: A Constitutional History of Property Rights / Edition 3

Guardian of Every Other Right: A Constitutional History of Property Rights / Edition 3

by James W. Ely
     
 

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ISBN-10: 0195323335

ISBN-13: 2900195323336

Pub. Date: 11/28/2007

Publisher: Oxford University Press, USA

The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical

Overview

The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.

About the Author:
James W. Ely, Jr., is Milton R. Underwood Professor of Law and Professor of History at Vanderbilt University

Product Details

ISBN-13:
2900195323336
Publisher:
Oxford University Press, USA
Publication date:
11/28/2007
Series:
Bicentennial Essays on the Bill of Rights Series
Edition description:
New Edition
Pages:
240

Table of Contents

Editor's Preface     ix
Preface     xi
Introduction     3
The Origins of Property Rights: The Colonial Period     10
The Revolutionary Era, 1765-1787     26
"Property Must Be Secured": Establishing a New Constitutional Order     42
The Development of Property Rights in the Antebellum Era, 1791-1861     59
The Gilded Age and the Challenge of Industrialization     83
Progressive Reform and Judicial Conservatism, 1900-1932     106
The New Deal and the Demise of Property-Conscious Constitutionalism     125
Property Rights and the Regulatory State     142
Epilogue     172
Notes     176
Bibliographical Essay     185
Index of Cases     199
Index     205
Photo gallery follows page     124

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