Liberty, Property, and Government: Constitutional Interpretation Before the New Deal
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?
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Sociological Jurisprudence as a Response to Economic LaissezFaire
Evolving Conceptions of Property And liberty in Due Process Jurisprudence
The Proper Scope of The Commerce Power
Economic Liberty Antitrust and the Constitution 18801925
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action activities Amendment American appears applied argued argument authority benefits Brandeis century Chief Justice civil claims commerce clause common companies competition concept concern Congress constitutional continued contract convention corporations created decision dissent doctrine due process economic effect eminent domain equal example fact federal Framers freedom given Holmes idea important individual industry interest interpretation interstate commerce issue judges judicial jurisdiction jurisprudence labor legislative legislature liberty limited Lochner majority manufacture matter means Michigan natural opinion original political practices principle problem procedural production prohibited property rights protection question railroad rates reason regarded regulation republican result rule sense social standard statute substantive supra note Supreme Court takings theory tion trade United values welfare York