978-0-19-505565-8 / 0195055659

The Guardian of Every Other Right: A Constitutional History of Property Rights (Bicentennial Essays on the Bill of Rights)

by Ely Jr., James W.

Publisher:Oxford University Press, USA



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About the book:

America's founders viewed property ownership as both a safeguard of political liberty and the basis for economic growth. Mirroring this attitude, courts and commentators through much of American history have interpreted the Constitution to protect property rights. The Guardian of Every Other Right chronicles this close relationship between property rights and the Constitution, examining the pivotal role of property ownership from the Colonial era to current controversies over land use controls. The book devotes special attention to the interplay of law, ideology, politics, and economic change in shaping constitutional thought, examining such issues as the link between private property and political liberty, and the extent to which the government may interfere with private contractual agreements regarding the use of property. Treating the entire history of property rights, with full coverage of new developments over the past two decades, this book fills an important gap in the literature of constitutional history.

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