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Economic Liberties and the Constitution

Economic Liberties and the Constitution
Author: Bernard H. Siegan
Publisher: Routledge
Total Pages: 435
Release: 2017-09-29
Genre: Law
ISBN: 1351312510

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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 welfaremost 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 reasonthe necessityfor 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.


Economic Liberties and the Judiciary

Economic Liberties and the Judiciary
Author: James A. Dorn
Publisher: University Press of America
Total Pages: 428
Release: 1988
Genre: Law
ISBN:

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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 Future of Constitutional Development

Liberty, Property, and the Future of Constitutional Development
Author: Ellen Frankel Paul
Publisher: SUNY Press
Total Pages: 360
Release: 1990-01-01
Genre: Law
ISBN: 9780791403037

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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.


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: 200
Release: 1989-01-01
Genre: Political Science
ISBN: 9780887069154

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


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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Private Property and the Constitution

Private Property and the Constitution
Author: James Huffman
Publisher: Springer
Total Pages: 220
Release: 2013-12-05
Genre: Law
ISBN: 1137376732

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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.


Drafting a Constitution for a Nation or Republic Emerging into Freedom

Drafting a Constitution for a Nation or Republic Emerging into Freedom
Author: Bernard H. Siegan
Publisher: Rowman & Littlefield
Total Pages: 127
Release: 1994-06-07
Genre: Political Science
ISBN: 1461748119

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Bernard H. Siegan describes the terms and provisions that a constitution dedicated to the maintenance of a free society should contain, together with the rationale and philosophy behind them. The author gives special consideration to the newly emerging nations of Eastern Europe and formerly communist countries. Topics covered include the powers of and restraints on the legislature and the president, administrative agencies, the judiciary, judicial rights for the protection of liberty in addition to property rights and economic liberties. Siegan also includes a suggested model constitution.


Constitution 3.0

Constitution 3.0
Author: Jeffrey Rosen
Publisher: Rowman & Littlefield
Total Pages: 284
Release: 2011-11-11
Genre: Law
ISBN: 0815722133

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At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre