Economic Liberties And the Constitution

by Siegan,Bernard H.

• ISBN13: 9781412805254
• ISBN10: 1412805252
• Edition: 2nd
• Format: Nonspecific Binding
• Copyright: 2005-01-09
• Publisher: Routledge

Summary

In Economic Liberties and the Constitution Siegan explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare most specifically as happened during Franklin Roosevelt’s presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties.

Table of Contents

Acknowledgments	ix
Introduction	xi
The Magna Carta	1	(10)
Protection of Material Rights Prior to the Ratification of the Constitution	11	(48)
Framing a Constitution to Secure Liberty	59	(28)
Judicial Interpretations of Due Process Prior to the Framing of the Fourteenth Amendment	87	(20)
Substantive Due Process Decisions 1905-1937: Lochner v. New York (1905)	107	(68)
Professor Christopher Wonnell
West Coast Hotel Co. v. Parrish et al. (1937)
Nebbia v. New York (1934)
New State Ice Co. v. Liebmann (1932)
Destroying the Original Constitution	175	(16)
The New Deal Justices Reinterpret the Constitution	191	(18)
U.S. Supreme Court Refuses to Reverse Economic Liberties Decisions and Strikes Down Commerce Clause Decisions	209	(18)
Failures of Statism in the United States and its Collapse Elsewhere in the World	227	(36)
Economic Success: Germany (Come and Gone), Ireland, China, and Vietnam	263	(40)
Recent Decisions That Do Not Apply Due Process or Equal Protection to Protect Economic Liberties	303	(100)
Dolan v. City of Tigard (1994)
BMW of North America, Inc. v. Gore (1996)
Allied Structural Steel Co. v. Spannaus (1978)
C & A Carbone, Inc. v. Town of Clarkstown (1994)
44 Liquormart, Inc. et al. v. Rhode Island et al. (1996)
Some Lower Courts Strike Down Economic Legislation, but Supreme Court Changes Uncertain	403	(16)
Epilogue	419	(2)
Index	421