Liberty Property And The Future Of Constitutional Development PDF Download
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Author | : Ellen Frankel Paul |
Publisher | : SUNY Press |
Total Pages | : 356 |
Release | : 1990-07-05 |
Genre | : Law |
ISBN | : 9780791403044 |
Download Liberty, Property, and the Future of Constitutional Development Book in PDF, ePub and Kindle
This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930s, 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.
Author | : Timothy Sandefur |
Publisher | : Cato Institute |
Total Pages | : 170 |
Release | : 2006-10-25 |
Genre | : Law |
ISBN | : 1933995327 |
Download Cornerstone of Liberty Book in PDF, ePub and Kindle
The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”
Author | : Ellen Frankel Paul |
Publisher | : SUNY Press |
Total Pages | : 200 |
Release | : 1989-01-01 |
Genre | : Political Science |
ISBN | : 9780887069154 |
Download Liberty, Property, and the Foundations of the American Constitution Book in PDF, ePub and Kindle
Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.
Author | : Roscoe Pound |
Publisher | : |
Total Pages | : 228 |
Release | : 1958 |
Genre | : |
ISBN | : |
Download Development Constitutional Guarantees Liberty Book in PDF, ePub and Kindle
Author | : Charles Howard McIlwain |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 172 |
Release | : 2005 |
Genre | : Constitutional history |
ISBN | : 1584775505 |
Download Constitutionalism Book in PDF, ePub and Kindle
Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Author | : James McClellan |
Publisher | : |
Total Pages | : 664 |
Release | : 2000 |
Genre | : History |
ISBN | : |
Download Liberty, Order, and Justice Book in PDF, ePub and Kindle
This new Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses.
Author | : F.A. Hayek |
Publisher | : Routledge |
Total Pages | : 588 |
Release | : 2020-06-29 |
Genre | : Business & Economics |
ISBN | : 0429637977 |
Download The Constitution of Liberty Book in PDF, ePub and Kindle
Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.
Author | : Edward Keynes |
Publisher | : Penn State Press |
Total Pages | : 246 |
Release | : 1996-02-15 |
Genre | : Political Science |
ISBN | : 0271072695 |
Download Liberty, Property, and Privacy Book in PDF, ePub and Kindle
In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting "liberty of contract" against economic regulation to protecting "privacy" and other noneconomic rights (as in Roe v. Wade) against social regulation.
Author | : President's Review Group on Intelligence and Communications Technologies, The |
Publisher | : Princeton University Press |
Total Pages | : 287 |
Release | : 2014-03-31 |
Genre | : Political Science |
ISBN | : 1400851270 |
Download The NSA Report Book in PDF, ePub and Kindle
The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
Author | : C. Edwin Baker |
Publisher | : Oxford University Press, USA |
Total Pages | : 396 |
Release | : 1989 |
Genre | : Freedom of speech |
ISBN | : 0195079027 |
Download Human Liberty and Freedom of Speech Book in PDF, ePub and Kindle
Baker here evaluates the prevalent justifications for freedom of speech and formulates a liberty theory, which he applies to contemporary free speech cases as a means of suggesting possible reforms to free speech doctrine.