Private Property And State Power

Author: J. Huffman
Publisher: Springer
ISBN: 1137376724
Size: 12.78 MB
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Most ofthese public interest advocates do nottake the same position when other
private rights are threatened by state action. Indeed when politicaland civil
liberties (e.g.,free speech, voting rights, dueprocess incriminal proceedings)
conflictwith state efforts topromote the general welfare, thetrump card lieswith the
individual rather than the state. Though difficult to justify, this bifurcation of “
economic liberties” and “personal orcivil liberties” has hada pervasive influence
on constitutional ...

Economic Liberties And The Constitution

Author: Bernard H. Siegan
Publisher: Routledge
ISBN: 1351312502
Size: 80.16 MB
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In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States.

Constitutional Interpretation Powers Of Government

Author: Craig R. Ducat
Publisher: Cengage Learning
ISBN: 1133710409
Size: 35.10 MB
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and other Framers, one of the principal reasons for the creation of the social
contract that gave rise to civil society was the protection of what are called “
vested rights.” In the aggregate, this concept refers to a ... Arrayed against these
private considerations are important public interests embodied in the states'
inherent power to legislate for the public health, safety, and welfare. The prob lem
of arriving at a ...

The Revolutionary Constitution

Author: David J. Bodenhamer
Publisher: Oxford University Press
ISBN: 019991303X
Size: 36.72 MB
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affirmed these powers in several places, including the Ninth and Tenth
Amendments, which reserved unenumerated rights and undelegated powers to
the people or the states. In exercising their authority, many states reinforced an
American proclivity for local control. They subsidized economic activity, used
eminent domain (the power to seize private property for public use), and altered
debtorcreditor relations in an effort to spur development. These efforts often had
important ...

Liberty Property And The Foundations Of The American Constitution

Author: Ellen Frankel Paul
Publisher: SUNY Press
ISBN: 9780887069147
Size: 56.91 MB
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Contract Rights and Property Rights: A Case Study in the Relationship between
Individual Liberties and Constitutional Structure MICHAEL W. McCONNELL* The
natural inclination is to think that individual "rights" must be protected against "the
state" — that is, against government in general. Political liberalism, in both its
new and old varieties, is based on the generalized distinction between individual
autonomy and governmental authority. Yet it is striking how many important rights
in ...

Constitutional Protection Of Private Property And Freedom Of Contract

Author: Richard A. Epstein
Publisher: Routledge
ISBN: 1135699933
Size: 72.35 MB
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Liberty, Property, and the Law Richard A. Epstein ... OF "JUST COMPENSATION"
CONTROVERSY U, NDER the takings clause of the Constitution, the state is
required to pay just compensation whenever it takes private property for public
use. ... while disciplining the power of the state, which ' Professors of Economics
at Dartmouth College and the University of California, Santa Barbara,

The Politics Of Budget Control

Author: John A. Marini
Publisher: Taylor & Francis
ISBN: 9780844817170
Size: 13.14 MB
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That distinction laid the groundwork for the maintenance of the distinction
between the public and the private sphere. Implicit in the distinction between
economics and politics, between wealth and power (political authority), is the
autonomy of the public and private sphere. The American constitutional order has
buttressed this distinction in several ways. It has guaranteed the protection of
private property, as well as protection of individual liberties. Moreover, by not
specifying how ...

Political Science 2 Stage

Author: D. K. Sarmah
Publisher: New Age International
ISBN: 8122420745
Size: 24.24 MB
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Legislature; Kinds of Law—International Law, National or Municipal Law,
Constitutional Law, Ordinary Law, Public Law, Private Law, Administrative Law,
General Law, Statue, Common Law, Ordinance; Grounds for Obedience to Law;
Comparison between Law and Morality—Relations; Differences; (B) Liberty—
Meaning of Liberty, Definition of Liberty; Kinds of Liberty—(a) Natural Liberty, (b)
Civil Liberty (c) Political Liberty, (d) Economic Liberty, (e) National Liberty;
Relation between ...

The American Economic Review

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Even the most dogmatic defenders of property rights in the founding era, however
, recognized that property was in legal terms a bundle not only of rights but also
of obligations — owners being subject to taxation, regulation in the public interest
, and even physical taking by power of eminent domain or emergency seizure.
The most conservative jurists of the early republic — Justices Patterson, Marshall,
Story, and Chancellor Kent — recognized fully the state's power of eminent
domain ...