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 : 58. 47 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 : 9781939709042
Genre : Law
File Size : 36. 79 MB
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The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.

The Permission Society

Author : Timothy Sandefur
ISBN : 9781594038402
Genre : Political Science
File Size : 75. 16 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 Guardian Of Every Other Right

Author : James W. Ely Jr.
ISBN : 0199724520
Genre : History
File Size : 27. 31 MB
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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.

Underdogma

Author : Michael Prell
ISBN : 9781935618652
Genre : Political Science
File Size : 52. 11 MB
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“Analyzing and refuting the common assumptions of anti-Americanism is a critical contribution to the global political debate. Thank goodness for this effort.” —UN Ambassador John Bolton, author of Surrender is Not an Option David versus Goliath, the American Revolutionaries, "The Little Engine That Could," Team USA’s "Miracle on Ice," the Star Wars Rebel Alliance, Rocky Balboa, the Jamaican bobsled team and the meek inheriting the Earth. Everyone, it seems, loves an underdog. Why is that? We begin life tiny and helpless, at the mercy of those who are bigger and more powerful than us: parents and guardians who tell us what to eat, what to wear, how to behave (even when to sleep and wake up). From childhood into adulthood, we’re told what to do by those who wield more power—our parents, teachers, bosses government. So naturally, we have a predisposition to resent the overdogs and root for the little guy. But this tendency, which international political consultant and human rights activist Michael Prell calls “underdogma,” can be very dangerous – both to America and to the world at large. In Underdogma, Prell, who has worked world leaders including Israeli Prime Minister Benjamin Netanyahu, the Australian and Canadian prime ministers and the Dalai Lama, explores our love/hate relationship with power within our culture and our politics. Underdogma explains seeming mysteries such as why: •Almost half of Americans blamed President Bush for the attacks of 9/11, even while the American media described the architect of these attacks as “thoughtful about his cause and craft” and “folksy.” •Gays and lesbians protest those who protect gay rights (America, Israel), while championing those who outlaw and execute homosexuals (Palestine). •Environmentalists focus their rage on America, even though China is the largest emitter of greenhouse gases. •The United Nations elevates countries such as Sudan to full membership on the UN’s Commission on Human Rights, even as the ethnic cleansing of Darfur proceeds. Tracing the evolution of this belief system through human history—ancient Greece to Marxism to the dawn of political correctness—Prell shows what continuing with this collective mindset means for our future. While America and its president increasingly exalt the meek and apologize for their power, America’s competitors and enemies are moving in a different direction. China is projected to overtake the U.S. economically by 2027 and is ready to move into the position of hegemon, and radical Islamists are looking to extend their global territory, taking any sign of weakness as a chance to attack. America must return to its founding spirit, and underdogma must stop now—our nation depends on it.

American Constitutional Law

Author : Donald P. Kommers
ISBN : 1442205911
Genre : Law
File Size : 65. 29 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.

The Price Of Politics

Author : Kyle Scott
ISBN : 9780739133842
Genre : Political Science
File Size : 87. 73 MB
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The Price of Politics examines the historical, political, and legal heritage of the U.S. Constitution's Bill of Rights to come to grips with modern political developments. Using a cross-disciplinary, multi-methods approach, this book explores both the normative and the emperical dimensions of the debate.

The Encyclopedia Of Libertarianism

Author : Ronald Hamowy
ISBN : 9781506320007
Genre : Political Science
File Size : 66. 64 MB
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As a continuation of the older tradition of classical liberalism, libertarian thinking draws on a rich body of thought and scholarship. Contemporary libertarian scholars are continuing that tradition by making substantial contributions to such fields as philosophy, jurisprudence, economics, evolutionary psychology, political theory, and history, in both academia and politics. With more than 300 A-to-Z signed entries written by top scholars, The Encyclopedia of Libertarianism is purposed to be a useful compilation of and introduction to libertarian scholarship. The Encyclopedia starts with an introductory essay offering an extensive historical and thematic overview of key thinkers, events, and publications in the development of libertarian thought. The Reader's Guide groups content for researchers and students alike, allowing them to study libertarianism topically, biographically, and by public policy issues. Key Features Entries conclude with bibliographies and references for further reading and cross-references to related entries. Each entry provides an introduction to a topic or policy question relevant to libertarianism or a biography of a person who has had an impact on libertarianism. Editors take special care to ensure entries clearly explain libertarian approaches to issues, do not take sides on disputed matters or engage in polemics, and represent the views of all sides fairly and accurately.

Property And Freedom

Author : Richard Pipes
ISBN : 9780307427359
Genre : Political Science
File Size : 26. 24 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.

In Search Of The Liberal Moment

Author : S. Sawyer
ISBN : 9781137581266
Genre : History
File Size : 45. 58 MB
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This book explores a series of challenging new perspectives on the origins, development, and legacy of France's 'liberal moment' during the second half of the twentieth century. It surveys a significant shift in interest regarding socio-political philosophy and culture, with the 1970s emergence of a blossoming French curiosity about liberalism and liberal thought. While liberalism had played an important role in French political debate prior to this period, liberal voices were often disregarded. It was not until this newfound fascination with liberalism by French intellectuals—spanning from the second left to the new right—that a French liberal revival truly occurred. In Search of the Liberal Moment addresses this revival, its resultant resuscitation of nineteenth-century authors like Tocqueville and Constant, its relationship with the contemporary rise of neoliberalism in Britain and the US, and how its adherents used liberalism to rethink the past, present, and future of modern democracy.

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