The Constitution And Economic Liberty

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Economic Liberties and the Constitution

Author : Bernard H. Siegan
Publisher : Transaction Publishers
ISBN 13 : 1412822114
Total Pages : 437 pages
Book Rating : 4.4/5 (128 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 Transaction Publishers. This book was released on 2011-12-31 with total page 437 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.

The Constitution of Liberty

Author : F.A. Hayek
Publisher : Routledge
ISBN 13 : 0429637977
Total Pages : 588 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis The Constitution of Liberty by : F.A. Hayek

Download or read book The Constitution of Liberty written by F.A. Hayek and published by Routledge. This book was released on 2020-06-29 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Classical Liberal Constitution

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674727800
Total Pages : 889 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis The Classical Liberal Constitution by : Richard A. Epstein

Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2014-01-06 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic

Death Grip

Author : Clint Bolick
Publisher : Hoover Institution Press Publi
ISBN 13 : 9780817913144
Total Pages : 0 pages
Book Rating : 4.9/5 (131 download)

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Book Synopsis Death Grip by : Clint Bolick

Download or read book Death Grip written by Clint Bolick and published by Hoover Institution Press Publi. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an 1873 decision, the Supreme Court by a 5-4 vote--highly unusual in those days--upheld a bribery-procured Louisiana slaughterhouse monopoly that had been challenged by a group of butchers whose businesses were jeopardized. By that decision (called the Slaughter-House cases), one of the most important and beneficial products of the Civil War--a revolutionary constitutional provision intended to protect civil rights against oppression by state governments--was nullified. The repercussions of that unfortunate decision are still being felt today. In Death-Grip: Loosening the Law's Stranglehold over Economic Liberty, Clint Bolick looks at the state of economic liberty in our country today and explains how the consequences of Slaughter-House continue to manifest themselves to this day. Bolick examines the history and intent of the Fourteenth Amendment and the judicial nullification of the privileges (or immunities) clause in the Slaughter-House cases and their aftermath through the years. Looking at more recent decisions, he sees hope in the current campaign to restore economic liberty as a fundamental civil right. Armed with knowledge, passion, and commitment to principle, he concludes, we can win the battle to restore economic liberty once and for all.

Liberty, Property, and the Foundations of the American Constitution

Author : Ellen Frankel Paul
Publisher : SUNY Press
ISBN 13 : 9780887069154
Total Pages : 200 pages
Book Rating : 4.0/5 (691 download)

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Book Synopsis Liberty, Property, and the Foundations of the American Constitution by : Ellen Frankel Paul

Download or read book Liberty, Property, and the Foundations of the American Constitution written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1989-01-01 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.

The Right to Earn a Living

Author : Timothy Sandefur
Publisher : Cato Institute
ISBN 13 : 1935308343
Total Pages : 400 pages
Book Rating : 4.9/5 (353 download)

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Book Synopsis The Right to Earn a Living by : Timothy Sandefur

Download or read book The Right to Earn a Living written by Timothy Sandefur and published by Cato Institute. This book was released on 2010-10-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: America’s founders thought the right to earn a living was so basic and obvious that it didn’t need to be mentioned in the Bill of Rights. The Right to Earn a Living charts the history of this fundamental human right, from the constitutional system that was designed to protect it by limiting government’s powers, to the Civil War Amendments that expanded protection to all Americans, regardless of race.

Lochner V. New York

Author : Paul Kens
Publisher :
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Lochner V. New York by : Paul Kens

Download or read book Lochner V. New York written by Paul Kens and published by . This book was released on 1998 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the case of Joseph Lochner, a baker in Utica, N.Y., charged in 1901 with violating the New York Bakeshop Act of 1895 by requiring an employee to work more than 60 hours in one week.

Economic Freedom and Interventionism

Author : Ludwig Von Mises
Publisher :
ISBN 13 : 9780865976733
Total Pages : 0 pages
Book Rating : 4.9/5 (767 download)

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Book Synopsis Economic Freedom and Interventionism by : Ludwig Von Mises

Download or read book Economic Freedom and Interventionism written by Ludwig Von Mises and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic Freedom and Interventionism is both a primer of the fundamental thought of Ludwig von Mises and an anthology of the writings of perhaps the best-known exponent of what is now known as the Austrian School of economics. This volume contains forty-seven articles edited by Mises scholar Bettina Bien Greaves. Among them are Mises's expositions of the role of government, his discussion of inequality of wealth, inflation, socialism, welfare, and economic education, as well as his exploration of the "deeper" significance of economics as it affects seemingly noneconomic relations between human beings. These papers are valuable reading for students of economic freedom and the science of human action. Ludwig von Mises (1881-1973) was the leading spokesman of the Austrian School of economics throughout most of the twentieth century. Bettina Bien Greaves is a former resident scholar and trustee of the Foundation for Economic Education and was a senior staff member at FEE from 1951 to 1999.

The Narrow Corridor

Author : Daron Acemoglu
Publisher : Penguin Books
ISBN 13 : 0735224382
Total Pages : 594 pages
Book Rating : 4.7/5 (352 download)

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Book Synopsis The Narrow Corridor by : Daron Acemoglu

Download or read book The Narrow Corridor written by Daron Acemoglu and published by Penguin Books. This book was released on 2019 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does history end? -- The Red Queen -- Will to power -- Economics outside the corridor -- Allegory of good government -- The European scissors -- Mandate of Heaven -- Broken Red Queen -- Devil in the details -- What's the matter with Ferguson? -- The paper leviathan -- Wahhab's children -- Red Queen out of control -- Into the corridor -- Living with the leviathan.

The Pox of Liberty

Author : Werner Troesken
Publisher : University of Chicago Press
ISBN 13 : 0226922170
Total Pages : 248 pages
Book Rating : 4.2/5 (269 download)

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Book Synopsis The Pox of Liberty by : Werner Troesken

Download or read book The Pox of Liberty written by Werner Troesken and published by University of Chicago Press. This book was released on 2015-06-29 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Werner Troesken looks at the history of the United States with a focus on three diseases (smallpox, typhoid fever, and yellow fever) to show how constitutional rules and provisions that promoted individual liberty and economic prosperity also influenced, for good and for bad, the country's ability to eradicate infectious disease. Ranging from federalism under the Commerce Clause to the Contract Clause and the Fourteenth Amendment, Troesken argues persuasively that many institutions intended to promote desirable political or economic outcomes also hindered the provision of public health"--Dust jacket.

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.

Takings

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674036557
Total Pages : 377 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Takings by : Richard A. Epstein

Download or read book Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

Liberty in Peril

Author : Randall G. Holcombe
Publisher : Independent Institute
ISBN 13 : 1598133349
Total Pages : 312 pages
Book Rating : 4.5/5 (981 download)

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Book Synopsis Liberty in Peril by : Randall G. Holcombe

Download or read book Liberty in Peril written by Randall G. Holcombe and published by Independent Institute. This book was released on 2019-09-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the United States was born in the revolutionary acts of 1776, Americans viewed the role of government as the protector of their individual rights. Thus, the fundamental principle underlying the new American government was liberty. Over time, the ideology of political "democracy"—the idea that the role of government is to carry out the "will of the people," as revealed through majority rule—has displaced the ethics of liberty. This displacement has eroded individual rights systematically and that history is examined in Liberty in Peril by Randall Holcombe in language accessible to anyone. The Founders intended to design a government that would preclude tyranny and protect those individual rights, and the Bill of Rights was a clear statement of those rights. They well understood that the most serious threat to human rights and liberty is government. So, the Constitution clearly outlined a limited scope for government and set forth a form of governance that would preserve individual rights. The federal government's activities during two world wars and the Great Depression greatly increased government's involvement in people's lives. By the time of Lyndon Johnson's "Great Society," the depletion of rights and the growth of the activities of political democracy was complete. By the end of the 20th Century the fundamental principle underlying the U.S. government was now political power and not liberty. Public policy was oriented toward fulfilling the majority rule with the subsequent increase in government power and scope. Holcombe argues that economic and political systems are not separate entities but are intimately intertwined. The result is a set of tensions between democracy, liberty, a market economy, and the institutions of a free society. All those interested in the evolution of American government, including historians, political scientists, economists, and legal experts, will find this book compelling and informative.

Rehabilitating Lochner

Author : David E. Bernstein
Publisher : University of Chicago Press
ISBN 13 : 0226043533
Total Pages : 204 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Rehabilitating Lochner by : David E. Bernstein

Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.

Our Ageless Constitution

Author : W. David Stedman
Publisher : National Book Network
ISBN 13 : 9780937047255
Total Pages : 292 pages
Book Rating : 4.0/5 (472 download)

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Book Synopsis Our Ageless Constitution by : W. David Stedman

Download or read book Our Ageless Constitution written by W. David Stedman and published by National Book Network. This book was released on 1987 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Conscience of the Constitution

Author : Timothy Sandefur
Publisher : Cato Institute
ISBN 13 : 1939709040
Total Pages : 217 pages
Book Rating : 4.9/5 (397 download)

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Book Synopsis The Conscience of the Constitution by : Timothy Sandefur

Download or read book The Conscience of the Constitution written by Timothy Sandefur and published by Cato Institute. This book was released on 2013-11-12 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.

The Anti-Oligarchy Constitution

Author : Joseph Fishkin
Publisher : Harvard University Press
ISBN 13 : 067498062X
Total Pages : 641 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Anti-Oligarchy Constitution by : Joseph Fishkin

Download or read book The Anti-Oligarchy Constitution written by Joseph Fishkin and published by Harvard University Press. This book was released on 2022-01-11 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the Òrepublican form of governmentÓ the Constitution requires. Today, courts enforce the Constitution as if it has almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Fishkin and Forbath demonstrate that reformers, legislators, and even judges working in this Òdemocracy of opportunityÓ tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of slave power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the Òeconomic royalistsÓ and Òindustrial despots.Ó But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.