Liberty, Property, and Government: Constitutional Interpretation Before the New Deal

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Ellen Frankel Paul, Howard Dickman
SUNY Press, Jan 1, 1989 - Law - 303 pages
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?
 

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Contents

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
The Jurisprudenceand Mythologyof Eminent Domain in American Legal History
217
Republicanism Railroads And NineteenthCentury Midwestern Constitutionalism
239
Inventive Interim Judicial Protections for Property In Reconstruction America
267
Contributors
289
Index
293
Copyright

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About the author (1989)

Ellen Frankel Paul is Deputy Director of the Social Philosophy and Policy Center and Professor of Political Science at Bowling Green State University.

Howard Dickman is a Research Associate at the Social Philosophy and Policy Center at Bowling Green State University. They are coeditors of Liberty, Property, and the Foundations of the American Constitution published by SUNY Press.

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