Liberty, Property, and the Foundations of the American ConstitutionEllen Frankel Paul, Howard Dickman Here is what the Framers of the Constitution thought about economic rights. To the current debate over constitutional interpretation, this book adds a dispassionate examination of our beginnings. It focuses on the philosophical, political, and social currents that influenced the thought and behavior of the Framers. What was the relationship between property rights and liberty? How important to the Framers was the protection of economic liberties? In what ways does the Constitution protect these liberties? Was the Constitution a document forged with the intent of securing what would later be called a capitalist system? Or were the Framers primarily concerned with promoting a society based upon civic virtue? These are a few of the major themes that the authors of this volume address. |
Contents
Moral Philosophy and the Framing of the Constitution | 23 |
The Right to Property in | 43 |
Jefferson and Property Rights | 65 |
James | 85 |
One People as to Commercial Objects | 101 |
The Economic Policy of the Constitution | 121 |
A Case Study in | 141 |
Contributors | 169 |
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Common terms and phrases
Adams agriculture Alexander Hamilton American Revolution apply Article authority Bill of Rights bills of attainder Blackstone British century citizens civil society classical republicanism commerce clause common compensation clause concern Congress Constitutional Convention contracts clause debate debtors debts Declaration due process equal essays ex post facto explained faction faculties Farrand federal government Federalist Federalist Papers Fourteenth Amendment Framers HISTORY human impairing the obligation individual interests James Madison Justice labor laissez faire land laws impairing legislation legislature liberty limited Locke Locke's Lockean manufacturing Marshall Marshall's Montesquieu moral national government natural law natural right Northwest Ordinance obligation of contracts original paper money philosophy political post facto laws preservation principles private property private rights prohibition property rights proposed protection of property provision pursuit of happiness reason regulate republic republican government right to property secure social supra note 12 Supreme Court theory thought trade United violated Virginia virtue wealth WRITINGS