The Constitutional Protection of Capitalism

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847315593
Total Pages : 220 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Constitutional Protection of Capitalism by : Danny Nicol

Download or read book The Constitutional Protection of Capitalism written by Danny Nicol and published by Bloomsbury Publishing. This book was released on 2010-01-29 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1945 a Labour government deployed Britain's national autonomy and parliamentary sovereignty to nationalise key industries and services such as coal, rail, gas and electricity, and to establish a publicly-owned National Health Service. This monograph argues that constitutional constraints stemming from economic and legal globalisation would now preclude such a programme. It contends that whilst no state has ever, or could ever, possess complete freedom of action, nonetheless the rise of the transnational corporation means that national autonomy is now siginificantly restricted. The book focuses in particular on the way in which these economic constraints have been nurtured, reinforced and legitimised by the creation on the part of world leaders of a globalised constitutional law of trade and competition. This has been brought into existence by the adoption of effective enforcement machinery, sometimes embedded within the nation states, sometimes formed at transnational level. With Britain enmeshed in supranational economic and legal structures from which it is difficult to extricate itself, the British polity no longer enjoys the range and freedom of policymaking once open to it. Transnational legal obligations constitute not just law but in effect a de facto supreme law entrenching a predominantly neoliberal political settlement in which the freedom of the individual is identified with the freedom of the market. The book analyses the key provisions of WTO, EU and ECHR law which provide constitutional protection for private enterprise. It dwells on the law of services liberalisation, public monopolies, state aid, public procurement and the fundamental right of property ownership, arguing that the new constitutional order compromises the traditional ideals of British democracy.

How Capitalistic is the Constitution?

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Author :
Publisher : American Enterprise Institute
ISBN 13 : 9780844734781
Total Pages : 188 pages
Book Rating : 4.7/5 (347 download)

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Book Synopsis How Capitalistic is the Constitution? by : Robert A. Goldwin

Download or read book How Capitalistic is the Constitution? written by Robert A. Goldwin and published by American Enterprise Institute. This book was released on 1982 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is the second in a series in AEI's project 'A decade of study of the Constitution'"--T.p. verso. Includes bibliographical references. American democracy and the acquisitive spirit / Marc F. Plattner -- Class rule under the Constitution / Edward S. Greenberg -- The Constitution and Hamiltonian capitalism / Forrest McDonald -- The Constitution, capitalism, and the need for rationalized regulation / Walter Dean Burnham -- The Constitution and the protection of capitalism / Bernard H. Siegan -- Capitalism or democracy / Robert Lekachman -- The Constitution and the spirit of commerce / Stephen Miller.

The Constitution and Capitalism

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Author :
Publisher :
ISBN 13 :
Total Pages : 326 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Constitution and Capitalism by : Michael Conant

Download or read book The Constitution and Capitalism written by Michael Conant and published by . This book was released on 1974 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Capitalism v. Democracy

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Publisher : Stanford University Press
ISBN 13 : 0804791589
Total Pages : 377 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Capitalism v. Democracy by : Timothy K. Kuhner

Download or read book Capitalism v. Democracy written by Timothy K. Kuhner and published by Stanford University Press. This book was released on 2014-06-25 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: As of the latest national elections, it costs approximately $1 billion to become president, $10 million to become a Senator, and $1 million to become a Member of the House. High-priced campaigns, an elite class of donors and spenders, superPACs, and increasing corporate political power have become the new normal in American politics. In Capitalism v. Democracy, Timothy Kuhner explains how these conditions have corrupted American democracy, turning it into a system of rule that favors the wealthy and marginalizes ordinary citizens. Kuhner maintains that these conditions have corrupted capitalism as well, routing economic competition through political channels and allowing politically powerful companies to evade market forces. The Supreme Court has brought about both forms of corruption by striking down campaign finance reforms that limited the role of money in politics. Exposing the extreme economic worldview that pollutes constitutional interpretation, Kuhner shows how the Court became the architect of American plutocracy. Capitalism v. Democracy offers the key to understanding why corporations are now citizens, money is political speech, limits on corporate spending are a form of censorship, democracy is a free market, and political equality and democratic integrity are unconstitutional constraints on money in politics. Supreme Court opinions have dictated these conditions in the name of the Constitution, as though the Constitution itself required the privatization of democracy. Kuhner explores the reasons behind these opinions, reveals that they form a blueprint for free market democracy, and demonstrates that this design corrupts both politics and markets. He argues that nothing short of a constitutional amendment can set the necessary boundaries between capitalism and democracy.

Producers Versus Capitalists

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Publisher :
ISBN 13 : 9780813914978
Total Pages : 250 pages
Book Rating : 4.9/5 (149 download)

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Book Synopsis Producers Versus Capitalists by : Tony Allan Freyer

Download or read book Producers Versus Capitalists written by Tony Allan Freyer and published by . This book was released on 1994 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout much of American history the relationship between the Constitution and capitalism has been contentious. Recently, however, consensus has replaced conflict as the framework for understanding capitalism's relationship to constitutional development. Thus the recurrent struggles between producers and capitalists (financiers, speculators, corporations, and the like) over the constitutionality of capitalistic practices have come to be viewed simply as politically manageable tensions within a liberal-capitalist consensus. This study focuses on how antebellum constitutional law and principles responded to and shaped producers' appeals for protection from capitalists' predations. Placing the constitutional system's operation in the context of the nation's profound ideological and social conflicts, Tony A. Freyer suggests that the normative force of constitutional values often enabled pro-producer, protectionist policies to be enacted, despite an emerging corporate and mercantile capitalist consensus. The first chapter sets out a framework for understanding the social basis of constitutionalism and its policymaking impact between 1800 and 1860. Subsequent chapters employ this framework in the setting of the mid-Atlantic states of Delaware, Maryland, New Jersey, and Pennsylvania. They focus on four principal policy areas: debtor-creditor relations, taxation, eminent domain, and railroad accidents. This mid-Atlantic region is intended to serve as a federal system in miniature, offering opportunities for comparative analysis. By illuminating the interplay between social conflict and constitutional institutions, the book reveals a policy-making process which was dynamic, reflecting a multiplicity of values and supporting diverse producer interests, many of which conflicted with those of corporate and mercantile capitalists. Freyer challenges established historical interpretations not only of social-class conflict but also of the Supreme Court under chief justices John Marshall and Roger B. Taney, with particular regard to states' rights versus federal power and the growth of the Constitution's contract, commerce, and judicial clauses. Thus the book will be of interest not only to political scientists and to judges, lawyers, and professors of law but also to historians and general readers.

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

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Author :
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.

Corporations and Society

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Publisher : Praeger
ISBN 13 : 0313250723
Total Pages : 0 pages
Book Rating : 4.3/5 (132 download)

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Book Synopsis Corporations and Society by : Warren J. Samuels

Download or read book Corporations and Society written by Warren J. Samuels and published by Praeger. This book was released on 1987-05-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an interesting evaluation of the role of the corporation in American society. The book traces the historical role of the corporation. It discusses the corporation's obligations and influence in the policy-making process of government. Business Library Newsletter The year 1986 marked the 100th anniversary of one of the Supreme Court's most important decisions, in which it unanimously held that a business corporation was a person within the meaning of the Constitution, and thus entitled to constitutional protection. The decision, made almost casually, has had enormous impact on the development of the system of corporate capitalism in the United States. This collection of original essays, written by leading authorities from the fields of economics, law, history and political science, assesses the implications of the Supreme Court ruling from a variety of perspectives. The collected essays provide a thorough evaluation of the role of the corporation, and discusses its obligations, its influence in the policymaking process of government, and its internal structure as a political order.

Economic Liberties and the Constitution

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Publisher : Routledge
ISBN 13 : 1351312510
Total Pages : 436 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 436 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.

How Capitalistic is the Constitution?

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Author :
Publisher :
ISBN 13 :
Total Pages : 202 pages
Book Rating : 4.:/5 (61 download)

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Book Synopsis How Capitalistic is the Constitution? by : Marc F. Plattner

Download or read book How Capitalistic is the Constitution? written by Marc F. Plattner and published by . This book was released on 1980 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Free Market Capitalism and the U.S. Constitution

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Author :
Publisher : Independently Published
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.7/5 (953 download)

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Book Synopsis Free Market Capitalism and the U.S. Constitution by : Arda Hatay

Download or read book Free Market Capitalism and the U.S. Constitution written by Arda Hatay and published by Independently Published. This book was released on 2022-11-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States seems to be deeply polarized. But do most of us actually disagree that much? Maybe when it comes to the details of specific issues. However, if asked what an ideal society should be like, most people would pretty much answer along the same lines: "We do not want a Fascist system like what Hitler had, but we also do not want a Communist system like what Stalin, Lenin, or Mao had." So then one would ask: "Is there a system that is opposite to both Fascism and Communism?" Yes. Free Market Capitalism Fascism and Communism are not that different from each other. They are both what we refer to as "Command Economies." What we all fear is this sort of authoritarian government that only appeals to the interests of a small powerful group. This book intends to explain what Free Market Capitalism actually is and prove that it is the Antidote to exactly that totalitarian government both sides fear. Our approach will be to begin from First Principles and reason our way up until we have everything we need to constitute a free and prosperous society. Along the way, we will explore questions such as: - What role do Markets play in our lives? - What is Money and how does it work? - What are the solutions to our Economic Problems? - What are the solutions to our Social Problems? - How to fix the Healthcare and Education industries? - How does the Constitution protect The People? - What Foundational Principles define America? By the end of this book, you will understand the brilliance of Free Market Capitalism and what makes the U.S. Constitution so unique. And why, if we don't act now, we will lose the last beacon of hope we have against Global Authoritarianism.

Between Truth and Power

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Publisher : Oxford University Press
ISBN 13 : 0190246693
Total Pages : 377 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Between Truth and Power by : Julie E. Cohen

Download or read book Between Truth and Power written by Julie E. Cohen and published by Oxford University Press. This book was released on 2019 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the relationships between legal institutions and political and economic transformation. It argues that as law is enlisted to help produce the profound economic and sociotechnical shifts that have accompanied the emergence of the informational economy, it is changing in fundamental ways.

Legal Foundations of Capitalism

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Publisher : New York : The Macmillan
ISBN 13 :
Total Pages : 416 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Legal Foundations of Capitalism by : John Rogers Commons

Download or read book Legal Foundations of Capitalism written by John Rogers Commons and published by New York : The Macmillan. This book was released on 1924 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Justice in the United States

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Publisher : Rowman & Littlefield
ISBN 13 : 9780742545601
Total Pages : 308 pages
Book Rating : 4.5/5 (456 download)

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Book Synopsis Justice in the United States by : Judith R. Blau

Download or read book Justice in the United States written by Judith R. Blau and published by Rowman & Littlefield. This book was released on 2006 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: All populations, including people living in the United States experience new vulnerabilities with globalization. Peoples' jobs are threatened; there are pressures to migrate; and environmental degradation is epidemic. Immense wealth is concentrated in the hands of a tiny elite. Other countries have revised their constitutions to protect their citizens from these turbulent forces. The US is a major exception, and this book proposes how Americans might think about constitutional revisions.

A Liberal Theory of Property

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Publisher : Cambridge University Press
ISBN 13 : 1108418546
Total Pages : 343 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis A Liberal Theory of Property by : Hanoch Dagan

Download or read book A Liberal Theory of Property written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2021-04-15 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.

Political Capitalism

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Publisher : Cambridge University Press
ISBN 13 : 1108596126
Total Pages : 305 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Political Capitalism by : Randall G. Holcombe

Download or read book Political Capitalism written by Randall G. Holcombe and published by Cambridge University Press. This book was released on 2018-07-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Problems associated with cronyism, corporatism, and policies that favor the elite over the masses have received increasing attention in recent years. Political Capitalism explains that what people often view as the result of corruption and unethical behavior are symptoms of a distinct system of political economy. The symptoms of political capitalism are often viewed as the result of government intervention in a market economy, or as attributes of a capitalist economy itself. Randall G. Holcombe combines well-established theories in economics and the social sciences to show that political capitalism is not a mixed economy, or government intervention in a market economy, or some intermediate step between capitalism and socialism. After developing the economic theory of political capitalism, Holcombe goes on to explain how changes in political ideology have facilitated the growth of political capitalism, and what can be done to redirect public policy back toward the public interest.

Saving Capitalism

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Publisher : Vintage
ISBN 13 : 0385350589
Total Pages : 304 pages
Book Rating : 4.3/5 (853 download)

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Book Synopsis Saving Capitalism by : Robert B. Reich

Download or read book Saving Capitalism written by Robert B. Reich and published by Vintage. This book was released on 2015-09-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the author of Aftershock and The Work of Nations, his most important book to date—a myth-shattering breakdown of how the economic system that helped make America so strong is now failing us, and what it will take to fix it. Perhaps no one is better acquainted with the intersection of economics and politics than Robert B. Reich, and now he reveals how power and influence have created a new American oligarchy, a shrinking middle class, and the greatest income inequality and wealth disparity in eighty years. He makes clear how centrally problematic our veneration of the “free market” is, and how it has masked the power of moneyed interests to tilt the market to their benefit. Reich exposes the falsehoods that have been bolstered by the corruption of our democracy by huge corporations and the revolving door between Washington and Wall Street: that all workers are paid what they’re “worth,” that a higher minimum wage equals fewer jobs, and that corporations must serve shareholders before employees. He shows that the critical choices ahead are not about the size of government but about who government is for: that we must choose not between a free market and “big” government but between a market organized for broadly based prosperity and one designed to deliver the most gains to the top. Ever the pragmatist, ever the optimist, Reich sees hope for reversing our slide toward inequality and diminished opportunity when we shore up the countervailing power of everyone else. Passionate yet practical, sweeping yet exactingly argued, Saving Capitalism is a revelatory indictment of our economic status quo and an empowering call to civic action.

Looking for Rights in All the Wrong Places

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Publisher : Princeton University Press
ISBN 13 : 069115578X
Total Pages : 250 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Looking for Rights in All the Wrong Places by : Emily Zackin

Download or read book Looking for Rights in All the Wrong Places written by Emily Zackin and published by Princeton University Press. This book was released on 2013-04-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.