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 : 27. 38 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.”

Property And Democracy Authority In Four American Property Rights Regimes

Author :
ISBN : 9780549608462
Genre :
File Size : 65. 20 MB
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I employ a "democracy index" comprised of five standards to evaluate the cases, which include nineteenth-century municipalities, company towns of the same era, contemporary common interest developments, and Disney's town of Celebration, Florida.

The Conscience Of The Constitution

Author : Timothy Sandefur
ISBN : 9781939709042
Genre : Law
File Size : 82. 69 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.

American Constitutional Law

Author : Donald P. Kommers
ISBN : 9780742599833
Genre : Law
File Size : 66. 45 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 gerrymandering and campaign finance, the death penalty, privacy, affirmative action, and school segregation. The new edition offers: _ Updated and expanded treatment of key cases on gerrymandering and campaign finance _ Expanded discussion of the Court's work federalism and the commerce clause _ Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law _ An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and same sex marriages _ An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence _ Full coverage of new developments and cases concerning affirmative action and school desegregation

The Price Of Politics

Author : Kyle Scott
ISBN : 9780739133859
Genre : Political Science
File Size : 28. 57 MB
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This book makes the unconventional claim that all of the rights in the U.S. Constitution are unified since they are derived from the same sources. Using the U.S. Supreme Court's controversial decision of Kelo v. City of New London to explore one of the most important constitutional questions of our time, this book reaches across disciplines and subfields to bring forth an innovative understanding of rights. The book derives its understanding of rights from historical sources and philosophical texts which then serve as the basis for the empirically backed claim that rights in U.S. have been sacrificed for partisan gain and that the unbiased protection of rights is the only manner in which a free and equitable government and economy can be sustained. Given the theoretical and practical implications of the property rights debate, understanding it is important for everyone in the U.S. and abroad.

Bioethics With Liberty And Justice

Author : Christopher Tollefsen
ISBN : 9048197910
Genre : Philosophy
File Size : 48. 78 MB
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Joseph M. Boyle Jr. has been a major contributor to the development of Catholic bioethics over the past thirty five years. Boyle’s contribution has had an impact on philosophers, theologians, and medical practitioners, and his work has in many ways come to be synonymous with analytically rigorous philosophical bioethics done in the Catholic intellectual tradition. Four main themes stand out as central to Boyle’s contribution: the sanctity of life and bioethics: Boyle has elaborated a view of the ethics of killing at odds with central tenets of the euthanasia mentality, double effect and bioethics: Boyle is among the pre-eminent defenders of a role for double effect in medical decision making and morality, the right to health care: Boyle has moved beyond the rhetoric of social justice to provide a natural law grounding for a political right to health care; and the role of natural law and the natural law tradition in bioethics: Boyle’s arguments have been grounded in a particularly fruitful approach to natural law ethics, the so-called New Natural Law theory. The contributors to BIOETHICS WITH LIBERTY AND JUSTICE: THEMES IN THE WORK OF JOSEPH M. BOYLE discuss, criticize, and in many cases extend the Boyle’s advances in these areas with rigor and sophistication. It will be of interest to Catholic and philosophical bioethicists alike.

Political Questions

Author : Larry Arnhart
ISBN : 9781478631019
Genre : Political Science
File Size : 84. 3 MB
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In this enhanced edition, Larry Arnhart continues to ask thought-provoking questions that illuminate the philosophies of some of the most prominent political thinkers throughout history. This clear, well-written guide is an ideal supplement to the original texts he recommends at the beginning of each chapter. In addition to his analysis of Plato, Aristotle, Augustine, Aquinas, Machiavelli, Descartes, Rousseau, Hegel, Marx, Nietzsche, and Rawls, the author’s well-organized and insightful approach provides an even more comprehensive overview than the earlier editions: • Supplementing the discussion of Leviathan, the chapter on Thomas Hobbes covers Behemoth. • The chapter on John Locke includes his Letter Concerning Toleration as well as the original discussion of Second Treatise of Government. • A chapter on Adam Smith has been added, which discusses Theory of Moral Sentiments and Wealth of Nations. • Leo Strauss is featured, with an examination of Persecution and the Art of Writing and Natural Right and History. • A final chapter analyzes Steven Pinker’s The Better Angels of Our Nature.

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