cornerstone of liberty property rights in 21st century america

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Cornerstone Of Liberty

Author : Timothy Sandefur
ISBN : 9781933995328
Genre : Law
File Size : 30. 77 MB
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The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”

The Conscience Of The Constitution

Author : Timothy Sandefur
ISBN : 1939709032
Genre : Law
File Size : 42. 40 MB
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Addresses concerns about the potential for civil liberties violations to explain how the Declaration of Independence can explain the Constitution, guiding readers through the ideas due process and judicial activism while drawing on examples from literature, pop culture and Supreme Court cases to argue that modern doctrines are endangering individual rights.

The Permission Society

Author : Timothy Sandefur
ISBN : 9781594038402
Genre : Political Science
File Size : 67. 61 MB
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Throughout history, kings and emperors have promised “freedoms” to their people. Yet these freedoms were really only permissions handed down from on high. The American Revolution inaugurated a new vision: people have basic rights to life, liberty, and the pursuit of happiness, and government must ask permission from them. Sadly, today’s increasingly bureaucratic society is beginning to turn back the clock and to transform America into a nation where our freedoms—the right to speak freely, to earn a living, to own a gun, to use private property, even the right to take medicine to save one’s own life—are again treated as privileges the government may grant or withhold at will. Timothy Sandefur examines the history of the distinction between rights and privileges that played such an important role in the American experiment, and how we can fight to retain our freedoms against the growing power of government. Illustrated with dozens of real-life examples—including many cases he litigated himself—Sandefur shows how treating freedoms as government-created privileges undermines our Constitution and betrays the basic principles of human dignity.

The Right To Earn A Living

Author : Timothy Sandefur
ISBN : 9781935308348
Genre : Political Science
File Size : 46. 97 MB
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America’s founders thought the right to earn a living was so basic and obvious that it didn’t need to be mentioned in the Bill of Rights. The Right to Earn a Living charts the history of this fundamental human right, from the constitutional system that was designed to protect it by limiting government’s powers, to the Civil War Amendments that expanded protection to all Americans, regardless of race.

American Constitutional Law

Author : Donald P. Kommers
ISBN : 1442205911
Genre : Law
File Size : 38. 8 MB
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American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics including, the death penalty, privacy, affirmative action, and school segregation. Volume 2 of this text focuses on civil rights and basic freedoms and includes separate chapters on race and gender.

Property And Freedom

Author : Richard Pipes
ISBN : 9780307427359
Genre : Political Science
File Size : 52. 55 MB
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Richard Pipes, Harvard scholar and historian of the Russian Revolution, brings his remarkable erudition to an exploration of a wide range of national and political systems to demonstrate persuasively that private ownership has served over the centuries to limit the power of the state and enable democratic institutions to evolve and thrive in the Western world. Beginning with Greece and Rome, where the concept of private property as we understand it first developed, Pipes then shows us how, in the late medieval period, the idea matured with the expansion of commerce and the rise of cities. He contrasts England, a country where property rights and parliamentary government advanced hand-in-hand, with Russia, where restrictions on ownership have for centuries consistently abetted authoritarian regimes; finally he provides reflections on current and future trends in the United States. Property and Freedom is a brilliant contribution to political thought and an essential work on a subject of vital importance. From the Trade Paperback edition.

Perilous Partners

Author : Ted Galen Carpenter
ISBN : 9781939709714
Genre : History
File Size : 60. 71 MB
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American leaders have cooperated with regimes around the world that are, to varying degrees, repressive or corrupt. Such cooperation is said to serve the national interest. But these partnerships also contravene the nation’s commitments to democratic governance, civil liberties, and free markets. During the Cold War, policymakers were casual about sacrificing important values for less-than-compelling strategic rationales. Since the 9/11 attacks, similar ethical compromises have taken place, although policymakers now seem more selective than their Cold War–era counterparts. Americans want a foreign policy that pursues national interests while observing American values. How might that reconciliation of interest and morality be accomplished? In Perilous Partners, authors Ted Galen Carpenter and Malou Innocent provide a strategy for resolving the ethical dilemmas between interests and values faced by Washington. They propose maintaining an arm’s-length relationship with authoritarian regimes, emphasizing that the United States must not operate internationally in ways that routinely pollute American values. It is a strategy based on ethical pragmatism, which is the best way to reconcile America’s strategic interests and its fundamental values. Perilous Partners creates a strategy for conducting an effective U.S. foreign policy without betraying fundamental American values.

Ghosts Of Jim Crow

Author : F. Michael Higginbotham
ISBN : 9780814760901
Genre : History
File Size : 32. 58 MB
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A provocative, and timely, solution for ridding America of the traces of Jim Crow policies to create a truly post-racial landscape When America inaugurated its first African American president, in 2009, many wondered if the country had finally become a "post-racial" society. Was this the dawning of a new era, in which America, a nation nearly severed in half by slavery, and whose racial fault lines are arguably among its most enduring traits, would at last move beyond race with the election of Barack Hussein Obama? In Ghosts of Jim Crow, F. Michael Higginbotham convincingly argues that America remains far away from that imagined utopia. Indeed, the shadows of Jim Crow era laws and attitudes continue to perpetuate insidious, systemic prejudice and racism in the 21st century. Higginbotham’s extensive research demonstrates how laws and actions have been used to maintain a racial paradigm of hierarchy and separation—both historically, in the era of lynch mobs and segregation, and today—legally, economically, educationally and socially. Using history as a roadmap, Higginbotham arrives at a provocative solution for ridding the nation of Jim Crow’s ghost, suggesting that legal and political reform can successfully create a post-racial America, but only if it inspires whites and blacks to significantly alter behaviors and attitudes of race-based superiority and victimization. He argues that America will never achieve its full potential unless it truly enters a post-racial era, and believes that time is of the essence as competition increases globally. Instructor's Guide

The Politically Incorrect Guide To Capitalism

Author : Robert P. Murphy
ISBN : 9781596986176
Genre : Business & Economics
File Size : 71. 21 MB
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Most commonly accepted economic "facts" are wrong Here's the unvarnished, politically incorrect truth. The liberal media and propagandists masquerading as educators have filled the world--and deformed public policy--with politically correct errors about capitalism and economics in general. In The Politically Incorrect Guide(tm) to Capitalism, myth-busting professor Robert P. Murphy, a scholar and frequent speaker at the Ludwig von Mises Institute, cuts through all their nonsense, shattering liberal myths and fashionable socialist cliches to set the record straight. Murphy starts with a basic explanation of what capitalism really is, and then dives fearlessly into hot topics like: * Outsourcing (why it's good for Americans) and zoning restrictions (why they're not) * Why central planning has never worked and never will * How prices operate in a free market (and why socialist schemes like rent control always backfire) * How labor unions actually hurt workers more than they help them * Why increasing the minimum wage is always a bad idea * Why the free market is the best guard against racism * How capitalism will save the environment--and why Communist countries were the most polluted on earth * Raising taxes: why it is never "responsible" * Why no genuine advocate for the downtrodden could endorse the dehumanizing Welfare State * The single biggest myth underlying the public's support for government regulation of business * Antitrust suits: usually filed by firms that lose in free competition * How tariffs and other restrictions "protect" privileged workers but make other Americans poorer * The IMF and World Bank: why they don't help poor countries * Plus: Are you a capitalist pig? Take the quiz and find out! Breezy, witty, but always clear, precise, and elegantly reasoned, The Politically Incorrect Guide(tm) to Capitalism is a solid and entertaining guide to free market economics. With his twelve-step plan for understanding the free market, Murphy shows why conservatives should resist attempts to socialize America and fight spiritedly for the free market.

Supreme Neglect

Author : Richard A. Epstein
ISBN : 0198041446
Genre : Law
File Size : 89. 16 MB
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As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, property rights had few staunch supporters in America. This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.

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