Liberty, Property, and Government: Constitutional Interpretation Before the New DealEllen Frankel Paul, Howard Dickman State University of New York Press, 1989. 7. 3. - 303페이지 This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth. The authors grapple with such questions as: how should the commerce clause be interpreted? To what extent did the historical development of eminent domain law depart from the "rhetoric" of takings jurisprudence? How was the Constitution connected to economic growth in the nineteenth century? What was the effect of the post-/civil War constitutional amendments? How did the right to contract affect government attempts to balance private rights with the public good? What was the reaction of leading constitutional theorists to the dominance of a laissez-fair philosophy in the Court and the nation at the turn of the century? |
도서 본문에서
87개의 결과 중 1 - 5개
vii 페이지
... individuals at the Social Philosophy and Policy Center , Bowling Green State University provided invaluable assistance in the preparation of this volume ; they include : Assistant Project Director Kory Tilgner , Jeffrey Paul , Fred D ...
... individuals at the Social Philosophy and Policy Center , Bowling Green State University provided invaluable assistance in the preparation of this volume ; they include : Assistant Project Director Kory Tilgner , Jeffrey Paul , Fred D ...
1 페이지
... individual property rights and economic freedoms from arbitrary governmental interference . Generally speaking , the view then was that the individual's opportunity to engage freely in a business , trade , occupation , or profession was ...
... individual property rights and economic freedoms from arbitrary governmental interference . Generally speaking , the view then was that the individual's opportunity to engage freely in a business , trade , occupation , or profession was ...
2 페이지
... individual liberty and a stable social order - has been an enduring problem of constitu- tional theory and practice , as well as a source of dramatic social and political conflict , particularly in the twentieth century . Since the ...
... individual liberty and a stable social order - has been an enduring problem of constitu- tional theory and practice , as well as a source of dramatic social and political conflict , particularly in the twentieth century . Since the ...
3 페이지
... individual to be free in his person and in his power to contract in relation to his own labor . ( at 57-58 ) Thus , in Lochner the Court invalidated a provision in a New York State law that limited the working hours of bakers to no more ...
... individual to be free in his person and in his power to contract in relation to his own labor . ( at 57-58 ) Thus , in Lochner the Court invalidated a provision in a New York State law that limited the working hours of bakers to no more ...
5 페이지
... individual citizens who feel they have been denied their procedural due process rights to government benefits , services , etc. ( such as Social Security , civil service job rights , disability benefits ) , without due process of law ...
... individual citizens who feel they have been denied their procedural due process rights to government benefits , services , etc. ( such as Social Security , civil service job rights , disability benefits ) , without due process of law ...
목차
Sociological Jurisprudence | 39 |
Evolving Conceptions of Property and Liberty | 63 |
The Proper Scope of the Commerce Power | 121 |
Economic Liberty Antitrust and the Constitution 18801925 | 187 |
The Jurisprudenceand Mythologyof Eminent Domain | 217 |
Republicanism Railroads and NineteenthCentury | 239 |
Contributors | 289 |
기타 출판본 - 모두 보기
자주 나오는 단어 및 구문
American antitrust argued argument Brandeis Burlington cartel charters Chief Justice Marshall child labor claims commerce clause commerce power common law competition conceptions of property Congress constitutionalism Convention corporations debate decision dissent doctrine Dred Scott due process clause E.C. Knight economic liberty eminent domain Epstein equal protection federal power Fifth Amendment Fourteenth Amendment Framers freedom Freyer Gibbons Holmes ideology Illinois individual interpretation interstate commerce intrastate Iowa issue judges judicial jurisdiction jurisprudence laissez-faire lawyers legislative legislature limited Lochner majority manufacture ment merger modern monopoly natural rights Ohio opinion police power political principle private rights prohibited property and liberty property rights public interest question railroad reason regulation republican republican values restraint rule Scheiber Sherman Act Shreveport Rate Siegan social sociological jurisprudence statute substantive due process supra note supra note 19 Supreme Court takings theory Thirteenth Amendment tion tional trade United welfare