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America's founders viewed property ownership as both a safeguard of political liberty and the basis for economic growth. Mirroring this attitude, courts and commentators through much of American history have interpreted the Constitution to protect property rights. The Guardian of Every Other Right chronicles this close relationship between property rights and the Constitution, examining the pivotal role of property ownership from the Colonial era to current controversies over land use controls. The book devotes special attention to the interplay of law, ideology, politics, and economic change in shaping constitutional thought, examining such issues as the link between private property and political liberty, and the extent to which the government may interfere with private contractual agreements regarding the use of property. Treating the entire history of property rights, with full coverage of new developments over the past two decades, this book fills an important gap in the literature of constitutional history.

Tabla de contenidos provista por Syndetics

• Introduction(p. 3)
• 1. The Origins of Property Rights: The Colonial Period(p. 10)
• 2. The Revolutionary Era, 1765-1787(p. 26)
• 3. "Property Must Be Secured": Establishing a New Constitutional Order(p. 42)
• 4. The Development of Property Rights in the Antebellum Era, 1791-1861(p. 59)
• 5. The Gilded Age and the Challenge of Industrialization(p. 82)
• 6. Progressive Reform and Judicial Conservatism, 1900-1932(p. 101)
• 7. The New Deal and the Demise of Laissez-Faire Constitutionalism(p. 119)
• 8. Property Rights and the Regulatory State(p. 135)
• 9. Epilogue(p. 153)
• Notes(p. 157)
• Bibliographical Essay(p. 167)
• Index of Cases(p. 181)
• Index(p. 185)

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CHOICE Review

For the framers of the Constitution, the "sacred right" to own and use property was theoretically and practically inseparable from all other human rights hence the title of this volume. Although the constitutional status of property rights has undergone perhaps the most radical transformation of any element of the Constitution, it has received comparatively little scholarly attention. Ely (law and history, Vanderbilt), notes in the bibliographic essay at the end of this work, "There is no single book that systematically examines the constitutional protection of property rights throughout American history." That statement is now no longer entirely true. Although not a casebook, this work provides closely reasoned analysis of all major and many minor property rights cases, and does what casebooks often cannot; it views these cases in context, showing how political, economic, and cultural factors shaped the view of the courts and were in turn influenced by the resulting decisions. Ely's treatment of the "Constitutional Revolution of 1937" and the modern response is a particularly fine example of this. Overall, the book is eminently readable, with just the right mixture of theory and history, and will repay serious study. Highly recommended for all students of American politics. M. Berheide; Berea College

Notas de autor provistas por Syndetics

James W. Ely, Jr., is Professor of Law and History at Vanderbilt University