The Guardian of Every Other Right A Constitutional History of Property Rights

by Ely, James W.

• ISBN13: 9780195055641
• ISBN10: 0195055640
• Format: Hardcover
• Copyright: 1991-10-31
• Publisher: Oxford University Press

Summary

The Guardian of Every Other Right provides a comprehensive survey of the pivotal relationship between property rights and the Constitution, examining the role of property ownership from the colonial era to current controversies over land use. The text 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. Ely examines such issues as the link between private property and political liberty, the extent to which the government may interfere with private contracts, and the manner in which discourse about private property changed as American society became industrialized.Now in its second edition, The Guardian of Every Other Right has been revised to take into account the heightened interest in the constitutional rights of property owners since the first edition appeared in 1991. It focuses on the major legal developments in the field of property rights and offers a full treatment of important judicial decisions and notable legislation during the 1990s. Particular attention is paid to the Supreme Court decisions which have enlarged the protection afforded property owners under the fifth amendment. It also examines the reach of federal authority under the commerce clause and the important innovations at the state level. Covering the entire history of property rights, the revised edition of The Guardian of Every Other Right fills an important gap in the literature of constitutional history and is an ideal text for legal and constitutional history courses.

Author Biography

James W. Ely, Jr., is Professor of Law and History at Vanderbilt University

Table of Contents

Introduction	p. 3
The Origins of Property Rights: The Colonial Period	p. 10
The Revolutionary Era, 1765-1787	p. 26
"Property Must Be Secured": Establishing a New Constitutional Order	p. 42
The Development of Property Rights in the Antebellum Era, 1791-1861	p. 59
The Gilded Age and the Challenge of Industrialization	p. 82
Progressive Reform and Judicial Conservatism, 1900-1932	p. 101
The New Deal and the Demise of Laissez-Faire Constitutionalism	p. 119
Property Rights and the Regulatory State	p. 135
Epilogue	p. 153
Notes	p. 157
Bibliographical Essay	p. 167
Index of Cases	p. 181
Index	p. 185
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