Full Description
This volume investigates the place of economic and property rights in the American Constitutional system. Themes examined include the link between private property and political liberty, and the extent to which the US government may interfere with private contracts and the use of property. This second edition has been revised to reflect the major legal developments in the field of property rights since the first edition appeared in 1991. Particular attention is paid to Supreme Court decisions which have enlarged the protection afforded property owners under the fifth amendment, and the increased political clout of the private property movement.
Contents
Editor's PrefacePrefaceIntroduction1: The Origins of Property Rights: The Colonial Period2: The Revolutionary Era, 1765-17873: "Property Must Be Secured": Establishing a New Constitutional Order4: The Development of Property Rights in the Antebellum Era, 1791-18615: The Gilded Age and the Challenge of Industrialization6: Progressive Reform and Judicial Conservatism, 1900-19327: The New Deal and the Demise of Laissez-Faire Constitutionalism8: Property Rights and the Regulatory State9: EpilogueNotesBibliographical EssayIndex of CasesIndex
