Liberty, Property, and Government: Constitutional Interpretation Before the New DealEllen Frankel Paul, Howard Dickman SUNY Press, 1989年1月1日 - 303 頁 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? |
內容
Introduction | 1 |
Revisionism Revisited | 11 |
Sociological Jurisprudence as a Response to Economic LaissezFaire | 39 |
Evolving Conceptions of Property And liberty in Due Process Jurisprudence | 63 |
The Proper Scope of The Commerce Power | 121 |
Economic Liberty Antitrust and the Constitution 18801925 | 187 |
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常見字詞
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