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Guardian of Every Other Right A Constitutional History of Property Rights

ISBN-10: 0195323335
ISBN-13: 9780195323337
Edition: 3rd 2007
List price: $28.95 Buy it from $3.03
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Description: The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the  More...

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Book details

List price: $28.95
Edition: 3rd
Copyright year: 2007
Publisher: Oxford University Press, Incorporated
Publication date: 11/30/2007
Binding: Paperback
Pages: 240
Size: 5.75" wide x 8.25" long x 1.00" tall
Weight: 0.924
Language: English

The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.

Editor's Preface
Preface
Introduction
The Origins of Property Rights: The Colonial Period
The Revolutionary Era, 1765-1787
"Property Must Be Secured": Establishing a New Constitutional Order
The Development of Property Rights in the Antebellum Era, 1791-1861
The Gilded Age and the Challenge of Industrialization
Progressive Reform and Judicial Conservatism, 1900-1932
The New Deal and the Demise of Property-Conscious Constitutionalism
Property Rights and the Regulatory State
Epilogue
Notes
Bibliographical Essay
Index of Cases
Index
Photo gallery follows page

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