The guardian of every other right : a constitutional history of property rights / James W. Ely, Jr.

Format:

Book

Author/Creator:

Ely, James W., Jr., 1938-

Series:

Bicentennial essays on the Bill of Rights

Language:

English

Subjects (All):

Right of property--United States--History.

Right of property.

United States.

History.

Physical Description:

xii, 216 pages, 10 unnumbered pages of plates : illustrations ; 22 cm.

Edition:

Third edition.

Place of Publication:

Oxford ; New York : Oxford University Press, 2008.

Summary:

The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.

Contents:

The origins of property rights: the colonial period

The Revolutionary era, 1765-1787

Property must be secured: establishing a new constitutional order

The development of property rights in the antebellum era, 1791-1861

The Gilded Age and the challenge of industrialization

Progressive reform and judicial conservatism, 1900-1932

The new deal and the demise of property-concious constitutionalism

Property rights and the regulatory state

Epilogue.

Notes:

Includes bibliographical references (pages 185-198) and index.

ISBN:

9780195323320

0195323327

9780195323337

0195323335

OCLC:

85822683