The Guardian of Every Other Right: A Constitutional History of Property Rights / Edition 2

The Guardian of Every Other Right: A Constitutional History of Property Rights / Edition 2

by James W. Ely
     
 

ISBN-10: 0195110854

ISBN-13: 9780195110852

Pub. Date: 09/04/1997

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…  See more details below

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

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Product Details

ISBN-13:
9780195110852
Publisher:
Oxford University Press, USA
Publication date:
09/04/1997
Series:
Bicentennial Essays on the Bill of Rights Series
Edition description:
Older Edition
Pages:
232
Product dimensions:
8.10(w) x 5.50(h) x 0.80(d)

Table of Contents

Editor's Preface
Preface
Introduction3
1The Origins of Property Rights: The Colonial Period10
2The Revolutionary Era, 1765-178726
3"Property Must Be Secured": Establishing a New Constitutional Order42
4The Development of Property Rights in the Antebellum Era, 1791-186159
5The Gilded Age and the Challenge of Industrialization82
6Progressive Reform and Judicial Conservatism, 1900-1932101
7The New Deal and the Demise of Laissez-Faire Constitutionalism119
8Property Rights and the Regulatory State135
9Epilogue160
Notes165
Bibliographical Essay175
Index of Cases191
Index197

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