Suchergebnisse

The philosophical and natural law basis of the American order: remote and immediate ancestors -- The declaration and its constitution: linking first principle to necessary means -- A structurally-divided, but workable, government -- A limited government of enumerated power -- A government mindful of dual sovereignty -- A fair government -- A government commitment to freedom -- A government commitment to equality -- A government of imperfect knowledge of inkblots, liberty and life itself

This formidable six-volume collection by respected Vanderbilt legal historian, James W. Ely, Jr., is a paean to property as a civil right. The argument of the volumes is made through selected essays by multiple authors, covering colonial time to the present day. It is property, Ely writes in the series introduction, that secures individual autonomy from government coercion, prevents an over-concentration of political authority generally, and encourages investment and economic development., Ely knows the main lesson of history is remembering. The vast literature on the institution of private property, until now, was not sufficiently culled, digested, and assembled, however, to permit this reflection. With an historian's thoughtful eye, and a property partisan's touch, Ely brings this literature into one place. In the mind of the American framer, Ely writes or suggests through editorial inclusion, personal liberty and property rights were often one. Nevertheless, Ely contends that despite active judicial re- view of economic regulation prior to the New Deal, the Supreme Court never adopted a laissez-faire philosophy. Rather, the New Deal was a breach of a founding ideology that had successfully balanced the rights of private property owners against limited or restrained public need. Thereafter, the Court deferred to legislative judgments redistributing wealth, and it was not until the 1980s that blind confidence in regulatory direction receded and property again was-partially at least-understood as a necessary corollary to human freedom. Volume one explores property's meaning from the early republic through the Civil War. Much of this was summarized, as Ely himself notes, by Alexis de Tocqueville's observation that "[in no other country in the world is the love of property keener or more alert than in the United States, and nowhere else does the majority display less inclination toward doctrines which in any way threaten the way property is owned." But the observation does not obscure Ely's candid acknowledgment ...

How can religion contribute to democracy in a secular age? What can the millennia-old Catholic tradition say to Church-state controversies in the United States and globally? This volume, sponsored by the inter-disciplinary Institute for Advanced Catholic Studies at the University of Southern California, is a dialogue between Douglas W. Kmiec, a leading scholar of American constitutional law and Catholic legal thought, and experts from a range of fields and countries

The philosophical and natural law basis of the American order : remote and immediate ancestors -- Fashioning a written constitution from declared natural right -- A structurally-divided, but workable, government -- A limited government of enumerated power -- A government mindful of dual sovereignty.

The Third Edition of Individual Rights and the American Constitution is designed for a two- or three-semester-hour course on the intellectual sources of and cases dealing with individual human rights, including especially religion, speech, and economic liberties, as well as the concepts of due process and equality. This book explores how government power is expressly or impliedly limited to protect individual interests in religious exercise, speech, the freedom from irrational discrimination, and autonomy, as well as economic liberty. It is designed to meet the needs of professors of political science, government, history, and public policy by supplying a casebook that is at once accessible to study by virtue of generous chapter overviews, skillful case selection and editing, and extended introductions and following notes and questions. In addition, out of abundant respect for the rich intellectual tradition that exists within the university, this book fully reflects that Supreme Court cases emerge from history, and history itself reflects centuries of political and philosophical understanding. ; https://scholarship.law.edu/fac_books/1055/thumbnail.jpg