Economic Controversy And The Constitution

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Economic Controversy and the Constitution

Author : Jonathan Burton-MacLeod
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Economic Controversy and the Constitution by : Jonathan Burton-MacLeod

Download or read book Economic Controversy and the Constitution written by Jonathan Burton-MacLeod and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper considers a relationship between what it identifies as the Roberts Court's re-engagement of economic rights with sustained debate on issues of structural economics. In the first section, I explore the ways in which the contemporary U.S. Supreme Court, despite assigning the lowest level of constitutional scrutiny to questions of economic regulation and counting deference to markets as a key tenet of its role in the liberal polity, has increasingly engaged politicized issues of the role of government in regulating the private economy, or issues of structural economics. The first section of the paper argues that, while the Roberts Court continues to adjudicate important civil rights cases as illustrated in the current term, any expansion of civil rights jurisprudence, as in Windsor, rides squarely on the extension of formal equality and is simultaneously accompanied by the regression of several traditional lines of civil rights jurisprudence. In its place, there are signs that the Court appears willing to increasingly engage the intersection of economic policy and individual rights beyond questions of federalism. Arguably the clearest, but by no means the only, example of the re-conflation of economic regulation and individual rights arises from the liberty-based limits placed on the Commerce Clause in NFIB v Sebelius, of a type that the appellate brief contended was "more redolent of the Due Process arguments than any principled enumerated powers argument." In a second section, the paper considers methodological approaches to assessing a relationship between the Court's re-engagement of economic rights and sustained public debate on issues of structural economics. This section draws on an earlier paper by the same author pointing to the mechanistic importance of constitutional rhetoric in mapping exchanges between the Supreme Court and political movements.

An Economic Interpretation of the Constitution of the United States

Author : Charles A. Beard
Publisher : Courier Corporation
ISBN 13 : 0486140458
Total Pages : 338 pages
Book Rating : 4.4/5 (861 download)

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Book Synopsis An Economic Interpretation of the Constitution of the United States by : Charles A. Beard

Download or read book An Economic Interpretation of the Constitution of the United States written by Charles A. Beard and published by Courier Corporation. This book was released on 2012-03-08 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic study — one of the most influential in the area of American economic history — questioned the founding fathers' motivations and prompted new perceptions of the supreme law of the land.

The Economic Effects of Constitutions

Author : Torsten Persson
Publisher : MIT Press
ISBN 13 : 9780262661928
Total Pages : 324 pages
Book Rating : 4.6/5 (619 download)

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Book Synopsis The Economic Effects of Constitutions by : Torsten Persson

Download or read book The Economic Effects of Constitutions written by Torsten Persson and published by MIT Press. This book was released on 2005-01-14 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors of The Economic Effects of Constitutions use econometric tools to study what they call the "missing link" between constitutional systems and economic policy; the book is an uncompromisingly empirical sequel to their previous theoretical analysis of economic policy. Taking recent theoretical work as a point of departure, they ask which theoretical findings are supported and which are contradicted by the facts. The results are based on comparisons of political institutions across countries or time, in a large sample of contemporary democracies. They find that presidential/parliamentary and majoritarian/proportional dichotomies influence several economic variables: presidential regimes induce smaller public sectors, and proportional elections lead to greater and less targeted government spending and larger budget deficits. Moreover, the details of the electoral system (such as district magnitude and ballot structure) influence corruption and structural policies toward economic growth.Persson and Tabellini's goal is to draw conclusions about the causal effects of constitutions on policy outcomes. But since constitutions are not randomly assigned to countries, how the constitutional system was selected in the first place must be taken into account. This raises challenging methodological problems, which are addressed in the book. The study is therefore important not only in its findings but also in establishing a methodology for empirical analysis in the field of comparative politics.

The Constitution and Current Economic Problems

Author : Patrick Jay Hurley
Publisher :
ISBN 13 :
Total Pages : 39 pages
Book Rating : 4.:/5 (34 download)

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Book Synopsis The Constitution and Current Economic Problems by : Patrick Jay Hurley

Download or read book The Constitution and Current Economic Problems written by Patrick Jay Hurley and published by . This book was released on 1933 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Economic Interpretation of the Constitution of the United States

Author : Charles Beard
Publisher : Routledge
ISBN 13 : 1351321145
Total Pages : 400 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis An Economic Interpretation of the Constitution of the United States by : Charles Beard

Download or read book An Economic Interpretation of the Constitution of the United States written by Charles Beard and published by Routledge. This book was released on 2017-09-08 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his piercing introduction to An Economic Interpretation the author wrote that 'whoever leaves economic pressures out of history or out of discussion of public questions is in mortal peril of substituting mythology for reality.' It was Beard's view that the founding fathers, especially Madison, Jay, and Hamilton, never made such a miscalculation. Indeed, these statesmen placed themselves among the great practitioners of all ages and gave instructions to succeeding generations in the art of government by their vigorous deployment of classical political economy.In this new printing of a major classic in American historiography, Louis Filler provides a sense of the person behind the book, the background that enabled Beard to move well beyond the shibboleths of the second decade of the twentieth century. While the controversies over Beard's book have quieted, the issues which it raised have hardly abated. Indeed, one can say that just about every major work in the politics and economics of the American nation must contend with Beard's classic work. Beard's work rests on an examination of primary documents: land and slave owners, geographic distribution of money, ownership of public securities, the specific condition of those who were disenfranchised as well as those who were in charge of the nascent American economy.The great merit of Beard's work is that despite its incendiary potential, he himself viewed An Economic Interpretation in coldly analytical terms, seeing such a position as giving comfort to neither revolutionaries nor reactionaries. Attacked by Marxists for being too mechanical, and by conservatives as being blind to the moral purposes of the framers of the constitution, the work continues to exercise a tremendous influence on all concerned. The fact that Beard wrote with a scalpel-like precision that gripped the attention of those in power no less than the common man is, it should be added, no small element in the enduring forces of this work.

An Economic Analysis of the Constitutional Restrictions Upon Public Indebtedness in the United States

Author : Horace Secrist
Publisher :
ISBN 13 :
Total Pages : 156 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis An Economic Analysis of the Constitutional Restrictions Upon Public Indebtedness in the United States by : Horace Secrist

Download or read book An Economic Analysis of the Constitutional Restrictions Upon Public Indebtedness in the United States written by Horace Secrist and published by . This book was released on 1914 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Economic Liberties and the Constitution

Author : Bernard H. Siegan
Publisher : Routledge
ISBN 13 : 1351312502
Total Pages : 263 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Economic Liberties and the Constitution by : Bernard H. Siegan

Download or read book Economic Liberties and the Constitution written by Bernard H. Siegan and published by Routledge. This book was released on 2017-09-29 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 welfare?most 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 reason?the necessity?for 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.

Controversial Issues in Economic Regulatory Policy

Author : Marcia Lynn Whicker
Publisher : SAGE Publications, Incorporated
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Controversial Issues in Economic Regulatory Policy by : Marcia Lynn Whicker

Download or read book Controversial Issues in Economic Regulatory Policy written by Marcia Lynn Whicker and published by SAGE Publications, Incorporated. This book was released on 1993 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a comprehensive picture of the context, problems and issues that surround US economic policy in the 90s. Whicker looks at several central topics including: the debate over the proper role of the government in economic growth; long-term economic and political cycles; deficit spending and taxation; and the implications of a globalized economy. Throughout, she emphasizes the need to continually reassess and reformulate public policy to meet changing times.

An Economic Interpretation of the Constitution of the United States

Author : Charles Austin Beard
Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis An Economic Interpretation of the Constitution of the United States by : Charles Austin Beard

Download or read book An Economic Interpretation of the Constitution of the United States written by Charles Austin Beard and published by . This book was released on 1913 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

To Form a More Perfect Union

Author : Robert Allen McGuire
Publisher : Oxford University Press, USA
ISBN 13 : 0195139704
Total Pages : 408 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis To Form a More Perfect Union by : Robert Allen McGuire

Download or read book To Form a More Perfect Union written by Robert Allen McGuire and published by Oxford University Press, USA. This book was released on 2003 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many important questions regarding the creation and adoption of the United States Constitution remain unresolved. Did slaveholdings or financial holdings significantly influence our Founding Fathers' stance on particular clauses or rules contained in the Constitution? Was there a division of support for the Constitution related to religious beliefs or ethnicity? Were founders from less commercial areas more likely to oppose the Constitution? To Form a More Perfect Union successfully answers these questions and offers an economic explanation for the behavior of our Founding Fathers during the nation's constitutional founding. In 1913, American historian Charles A. Beard controversially argued in his book An Economic Interpretation of the Constitution of the United States that the framers and ratifiers of the Constitution were less interested in furthering democratic principles than in advancing specific economic and financial interests. Beard's thesis eventually emerged as the standard historical interpretation and remained so until the 1950s. Since then, many constitutional and historical scholars have questioned an economic interpretation of the Constitution as being too narrow or too calculating, believing the great principles and political philosophies that motivated the Founding Fathers to be worthier subjects of study. In this meticulously researched reexamination of the drafting and ratification of our nation's Constitution, Robert McGuire argues that Alexander Hamilton, James Madison, George Mason and the other Founding Fathers did act as much for economic motives as for abstract ideals. To Form a More Perfect Union offers compelling evidence showing that the economic, financial, and other interests of the founders can account for the specific design and adoption of our Constitution. This is the first book to provide modern evidence that substantiates many of the overall conclusions found in Charles Beard's An Economic Interpretation while challenging and overturning other of Beard's specific findings. To Form a More Perfect Union presents an entirely new approach to the study of the shaping of the U.S. Constitution. Through the application of economic thinking and rigorous statistical techniques, as well as the processing of vast amounts of data on the economic interests and personal characteristics of the Founding Fathers, McGuire convincingly demonstrates that an economic interpretation of the Constitution is valid. Radically challenging the prevailing views of most historians, political scientists, and legal scholars, To Form a More Perfect Union provides a wealth of new findings about the Founding Fathers' constitutional choices and sheds new light on the motivations behind the design and adoption of the United States Constitution.

The Economy as a Polity: The Political Constitution of Contemporary Capitalism

Author : Christian Joerges
Publisher : Routledge
ISBN 13 : 1000158357
Total Pages : 252 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis The Economy as a Polity: The Political Constitution of Contemporary Capitalism by : Christian Joerges

Download or read book The Economy as a Polity: The Political Constitution of Contemporary Capitalism written by Christian Joerges and published by Routledge. This book was released on 2020-09-10 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate about so-called economic globalization has reached a new phase. The hegemony of neo-liberal thinking has ended, in the face of both the increased and increasingly effective resistance to the social consequences of neo-liberal market-making - rising inequality and insecurity throughout the world - and the visibly dysfunctional effects of lack of regulation - currency and stock market crashes, among others. Thus, the story about 'the rise and fall of market society', which was first told in these terms by Karl Polanyi sixty years ago, is about to receive a new chapter. In this light, this volume offers a novel perspective on the interaction between states and markets. In contrast to much of current theoretical wisdom, we hold, with Polanyi, that markets cannot even be consistently thought of as self-regulating. Markets are always constituted by framework conditions that cannot be set by the markets themselves. The range and scope of market rules requires some agreement, or at least acceptance, for economic exchange to be working at all; in democratic societies, these rules are at least theoretically always subject to political debate and decision. To put the issue in theoretical terms: even the most pure version of economic liberalism always entails at the same time a political philosophy. This volume, thus, proposes to understand contemporary capitalism by regarding the economy as a polity, as an arrangement that is always constituted by some collective agreements about its mode of operation. Such theoretical position on its own, though, is insufficient to explain the workings of capitalism once and for all. Historical experiences with capitalism have led to transformations that require new angles of analysis. It is in the nature of the struggles over the embedding of markets that their outcomes are subject to historical contingency and cannot be completely known beforehand. Beyond a review of the theoretical tools at hand, therefore, the analysis of the contemporary constellation of capitalism, also requires an understanding of its recent transformations. This is the second task to which this volume is devoted - through analyses of the current state of regulation of labour and money and through investigations of the historical development and novel forms of the mode of embedding markets. While focusing on the renewal of the analysis of contemporary capitalism, the volume also points to fruitful directions of institutional or policy change and provides perspectives for a much-needed political renewal, with a particular focus on the European Union as a novel polity embedding the European economy.

The Struggle for Constitutional Power

Author : Tamir Moustafa
Publisher : Cambridge University Press
ISBN 13 : 1139465112
Total Pages : 339 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Struggle for Constitutional Power by : Tamir Moustafa

Download or read book The Struggle for Constitutional Power written by Tamir Moustafa and published by Cambridge University Press. This book was released on 2007-06-11 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional court to address a series of economic and administrative pathologies that lie at the heart of authoritarian political systems. Although the Court helped the regime to institutionalize state functions and attract investment, it simultaneously opened new avenues through which rights advocates and opposition parties could challenge the regime. The book challenges conventional wisdom and provides insights into perennial questions concerning the barriers to institutional development, economic growth, and democracy in the developing world.

The Crisis of the Middle-Class Constitution

Author : Ganesh Sitaraman
Publisher : Vintage
ISBN 13 : 0451493923
Total Pages : 433 pages
Book Rating : 4.4/5 (514 download)

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Book Synopsis The Crisis of the Middle-Class Constitution by : Ganesh Sitaraman

Download or read book The Crisis of the Middle-Class Constitution written by Ganesh Sitaraman and published by Vintage. This book was released on 2017-03-14 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. A New York Times Notable Book of 2017 For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.

The Reason of Rules

Author : Geoffrey Brennan
Publisher : Collected Works of James M. Bu
ISBN 13 : 9780865972315
Total Pages : 0 pages
Book Rating : 4.9/5 (723 download)

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Book Synopsis The Reason of Rules by : Geoffrey Brennan

Download or read book The Reason of Rules written by Geoffrey Brennan and published by Collected Works of James M. Bu. This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his foreword, Robert D Tollison identifies the main objective of Geoffrey Brennan and James M Buchanan's THE REASON OF RULES: "...a book-length attempt to focus the energies of economists and other social analysts on the nature and function of the rules under which ordinary political life and market life function." In persuasive style, Brennan and Buchanan argue that too often economists become mired in explaining the obvious or constructing elaborate mathematical models to shed light on trivial phenomena. Their solution: economics as a discipline would be better focused on deriving normative procedures for establishing rules so that ordinary economic life can proceed unaffected as much as possible by social issues. In THE REASON OF RULES, Brennan and Buchanan sketch out a methodological and analytical framework for the establishment of rules. They point out that the consideration of rules has its roots in classical economics and has been hinted at in the work of some contemporary economists. But the enterprise of applying the analytical rigor of modern economics to the establishment of effective rules is the little-traveled road that bears the most promise. In fact, the basic idea of the importance of rules is a thread that runs through virtually the whole of Buchanan's distinguished career, and it is one of his signal contributions to the contemporary discipline of economics. THE REASON OF RULES is an elaboration of the potential for rules and the normative process by which they can best be devised.

Constitution and Erosion of a Monetary Economy

Author : Waltraud Schelkle
Publisher : Routledge
ISBN 13 : 1135778140
Total Pages : 310 pages
Book Rating : 4.1/5 (357 download)

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Book Synopsis Constitution and Erosion of a Monetary Economy by : Waltraud Schelkle

Download or read book Constitution and Erosion of a Monetary Economy written by Waltraud Schelkle and published by Routledge. This book was released on 2005-07-15 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book puts forward a new paradigm of monetary development theory along Keynesian lines.

Political Economy and Constitutional Reform

Author : United States. Congress. Joint Economic Committee
Publisher :
ISBN 13 :
Total Pages : 420 pages
Book Rating : 4.0/5 (17 download)

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Book Synopsis Political Economy and Constitutional Reform by : United States. Congress. Joint Economic Committee

Download or read book Political Economy and Constitutional Reform written by United States. Congress. Joint Economic Committee and published by . This book was released on 1983 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Founding Choices

Author : Douglas A. Irwin
Publisher : University of Chicago Press
ISBN 13 : 0226384756
Total Pages : 365 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis Founding Choices by : Douglas A. Irwin

Download or read book Founding Choices written by Douglas A. Irwin and published by University of Chicago Press. This book was released on 2011-01-15 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers of the National Bureau of Economic Research conference held at Dartmouth College on May 8-9, 2009.