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 : 74. 59 MB
Format : PDF
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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 : 30. 6 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.

American Constitutional Law

Author : Donald P. Kommers
ISBN : 1442205911
Genre : Law
File Size : 85. 82 MB
Format : PDF
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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 : 36. 46 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 : 63. 31 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.

The Permission Society

Author : Timothy Sandefur
ISBN : 9781594038402
Genre : Political Science
File Size : 56. 28 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.

In Search Of The Liberal Moment

Author : S. Sawyer
ISBN : 9781137581266
Genre : History
File Size : 48. 3 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.

Political Economy A Comparative Approach 3rd Edition

Author : Barry Clark Professor Emeritus
ISBN : 9781440843266
Genre : Political Science
File Size : 43. 24 MB
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This nontechnical book provides a comprehensive and interdisciplinary survey of political economy that can easily be understood by any reader with an introductory-level background in economics. • Provides in-depth historical analysis of the development of political/economic ideologies and their influence on contemporary debates among social scientists as well as the general public • Gathers ideas and policy proposals from many prominent social scientists representing divergent ideological perspectives into a single volume • Analyzes the roles of science and ideology in the development of political economy • Exposes students to the findings of advanced social science research in easily understood and accessible language

Private Property Community Development And Eminent Domain

Author : Robin Paul Malloy
ISBN : 9781317075677
Genre : Law
File Size : 54. 95 MB
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The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.

Free Market Fairness

Author : John Tomasi
ISBN : 9781400842391
Genre : Philosophy
File Size : 57. 32 MB
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Can libertarians care about social justice? In Free Market Fairness, John Tomasi argues that they can and should. Drawing simultaneously on moral insights from defenders of economic liberty such as F. A. Hayek and advocates of social justice such as John Rawls, Tomasi presents a new theory of liberal justice. This theory, free market fairness, is committed to both limited government and the material betterment of the poor. Unlike traditional libertarians, Tomasi argues that property rights are best defended not in terms of self-ownership or economic efficiency but as requirements of democratic legitimacy. At the same time, he encourages egalitarians concerned about social justice to listen more sympathetically to the claims ordinary citizens make about the importance of private economic liberty in their daily lives. In place of the familiar social democratic interpretations of social justice, Tomasi offers a "market democratic" conception of social justice: free market fairness. Tomasi argues that free market fairness, with its twin commitment to economic liberty and a fair distribution of goods and opportunities, is a morally superior account of liberal justice. Free market fairness is also a distinctively American ideal. It extends the notion, prominent in America's founding period, that protection of property and promotion of real opportunity are indivisible goals. Indeed, according to Tomasi, free market fairness is social justice, American style. Provocative and vigorously argued, Free Market Fairness offers a bold new way of thinking about politics, economics, and justice--one that will challenge readers on both the left and right.

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