Liberty Of Contract In American Constitutional Law
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Author | : David N. Mayer |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Liberty of contract |
ISBN | : 9781935308386 |
Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.
Author | : Lysander Spooner |
Publisher | : Read Books Ltd |
Total Pages | : 70 |
Release | : 2013-03-05 |
Genre | : Philosophy |
ISBN | : 1447488903 |
Originally published in 1870, this essay by the American anarchist and political philosopher Lysander Spooner is here reproduced. Described by Murray Rothbard as "the greatest case for anarchist political philosophy ever written", Spooner's lengthy essay is still referenced by anarchists and philosophers today. In it, he argues that the American Civil War violated the US Constitution, thus rendering it null and void. An indispensable read for political historians both amateur and professional alike. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.
Author | : Samuel D. Brandeis, Louis D. Warren |
Publisher | : BoD – Books on Demand |
Total Pages | : 42 |
Release | : 2018-04-05 |
Genre | : Fiction |
ISBN | : 3732645487 |
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
Author | : Sven Beckert |
Publisher | : |
Total Pages | : 40 |
Release | : 2012 |
Genre | : Capitalism |
ISBN | : 9780872291942 |
For better or for worse, capitalism is the philosophy that has come to define the United States. In this intriguing essay, Beckert takes a look at the historiography of American capitalism, which has been, according to Beckert, ironically neglected by historians until recently.
Author | : James W. Ely, Jr. |
Publisher | : University Press of Kansas |
Total Pages | : 384 |
Release | : 2016-10-28 |
Genre | : Law |
ISBN | : 0700623078 |
Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause—Article I, Section 10—reads that no state shall “pass any. . . Law impairing the Obligation of Contracts.” Honoring contractual commitments, in the framers' view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American constitutional history, including the protection of economic rights, the growth of judicial review, and the role of federalism. Under the leadership of Chief Justice John Marshall, the Supreme Court construed the provision expansively, and it rapidly became the primary vehicle for federal judicial review of state legislation before the adoption of the Fourteenth Amendment. Indeed, the contract clause was one of the most litigated provisions of the Constitution throughout the nineteenth century, and its history reflects the impact of wars, economic distress, and political currents on reading the Constitution. Ely shows how, over time, the courts carved out several malleable exceptions to the constitutional protection of contracts—most notably the notion of an inalienable police power—thus weakening the contract clause and enhancing state regulatory authority. His study documents the near-fatal blow dealt to the provision by New Deal constitutionalism, when the perceived need for governmental intervention in the economy superseded the economic rights of individuals. Though the 1970s saw a modest revival of interest in the contract clause, the criteria for invoking it remain uncertain. And yet, as state and local governments try to trim the benefits of public sector employees, the provision has once again figured prominently in litigation. In this book, James Ely gives us a timely, analytical lens for understanding these contemporary challenges, as well as the critical historical significance of the contract clause.
Author | : James M. Buchanan |
Publisher | : Collected Works of James M. Bu |
Total Pages | : 0 |
Release | : 2001 |
Genre | : Business & Economics |
ISBN | : 9780865972438 |
Constitutional political economy is the theme of the papers collected in this volume. This entire area of contemporary economic thought is a legacy of James M Buchanan. In outlining the importance of this volume to the contemporary study of economics and to the work of James M Buchanan, Robert D Tollison states in his foreword, "Buchanan literally founded the field of constitutional political economy... (His) insistence on the importance of rules was an important innovation in economics, and, over the past thirty years or so, the analytical and empirical relevance of Buchanan's constitutional perspective has become apparent." The thirty-five papers represented in this volume are grouped into these major subject categories: foundational issues; the method of constitutional economics; incentives and constitutional choice; constitutional order; market order; distributional issues; fiscal and monetary constitutions; reform. For Buchanan, his work in constitutional political economy is just the first step. He is concerned with inducing economists and other scholars to take the constitutional problem seriously. As they do, says Robert D Tollison, "the face of modern economics will be changed."
Author | : A.V. Dicey |
Publisher | : Springer |
Total Pages | : 729 |
Release | : 1985-09-30 |
Genre | : Social Science |
ISBN | : 134917968X |
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author | : Paul Kens |
Publisher | : |
Total Pages | : 240 |
Release | : 1998 |
Genre | : Business & Economics |
ISBN | : |
On the case of Joseph Lochner, a baker in Utica, N.Y., charged in 1901 with violating the New York Bakeshop Act of 1895 by requiring an employee to work more than 60 hours in one week.
Author | : F.A. Hayek |
Publisher | : Routledge |
Total Pages | : 588 |
Release | : 2020-06-29 |
Genre | : Business & Economics |
ISBN | : 0429637977 |
Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.
Author | : Goodwin Liu |
Publisher | : Oxford University Press |
Total Pages | : 274 |
Release | : 2010-08-05 |
Genre | : Law |
ISBN | : 0199752834 |
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.