Locke, Jefferson, and the Justices: Foundations and Failures of the US GovernmentAlgora Publishing, 2002 - 210페이지 This book is about American politics and law; it is also about the roots of the Contract with America. A logical place to find the intent of the Founders is in Locke, which Stephens highlights. The most attractive feature of George Stephens's new book is his effort to root present-day controversies about property rights, freedom and the role of government in the great literature of liberty that is America's political heritage. The struggle to liberate our markets and our minds is an old -- even an ancient -- one. Stephens demonstrates that, to prevail in this critical struggle, we must replant the seeds of liberty that John Locke and others found centuries ago, and nurture their growth into towering, protective trees of constitutional order. |
목차
| 5 | |
| 13 | |
| 29 | |
| 35 | |
LOCKES DISCIPLE | 43 |
5 JEFFERSON LOCKE AND THE DECLARATION OF INDEPENDENCE | 53 |
6 LOCKE IN THE CONSTITUTION | 61 |
7 ADOPTION AND RATIFICATION | 75 |
12 THE PROGRESSIVES | 119 |
THE 20th CENTURY | 125 |
14 HOW WE LOST RIGHTS IN A FOOTNOTE | 139 |
15 LOCKE MAKES A COMEBACK | 149 |
16 THE REGULATION REBELLION | 157 |
17 THE VOLUNTEERS | 165 |
18 TRICKLEDOWN ECONOMICS | 171 |
19 LOCKES IDEAS STILL WORK | 183 |
8 OUR BILL OF RIGHTS | 79 |
9 JEFFERSON AND HAMILTON | 85 |
10 JEFFERSONS MINIMALIST GOVERNMENT | 97 |
11 THE ERA OF SUBSTANTIVE DUE PROCESS | 105 |
ENDNOTES | 197 |
BIBLIOGRAPHY | 199 |
Index | 205 |
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adopted allowed Amendment American authority began believed benefits Bill of Rights billion budget called century citizens civil clause Common Law compensation Concerning Congress Constitution contract Convention cost create Deal decision Declaration of Independence delegates direct draft due process economic effect elected equal established estates executive federal government Federalist followed Framers freedom functions George give grant Hamilton happiness House ideas important included increase individual interest interpretation Issue Jefferson John Justice King labor later legislative legislature less Letter Concerning Toleration liberty limited living Locke Locke’s Lockean Madison means nature necessary noted opinion pass person political President principles programs property rights proposed protection reason regulation require restrictions result rule safety says Second social spending Supreme Court Thomas thought union United Virginia vote wanted welfare writings wrote York
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56 페이지 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
182 페이지 - The party who invokes the power must be able to show, not only that the statute is invalid, but that he has sustained or is immediately in danger of sustaining some direct injury as the result of its enforcement, and not merely that he suffers in some indefinite way in common with people generally.
23 페이지 - Though the earth and all inferior creatures be common to all men, yet every man has a property in his own person. This nobody has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his.
115 페이지 - The right of a person to sell his labor upon such terms as he deems proper is, in its essence, the same as the right of the purchaser of labor to prescribe the conditions upon which he will accept such labor from the person offering to sell it.
15 페이지 - The great and chief end therefore of men's uniting into commonwealths and putting themselves under government is the preservation of their property.
131 페이지 - But the liberty safeguarded is liberty in a social organization which requires the protection of law against the evils which menace the health, safety, morals and welfare of the people.
192 페이지 - The powers delegated by the proposed constitution to the federal government, are few and defined. Those which are to remain in the state governments, are numerous and indefinite.
16 페이지 - Political Power then I take to be a Right of making Laws with Penalties of Death, and consequently all less Penalties, for the Regulating and Preserving of Property, and of employing the force of the Community, in the Execution of such Laws, and in the defence of the Common-wealth from Foreign Injury, and all this only for the Publick Good.
58 페이지 - We have warned them, from time to time, of attempts made by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They, too, have been deaf to the voice of justice and consanguinity. We must,...