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

by Ely, James W.

• ISBN13: 9780195110845
• ISBN10: 0195110846
• Edition: 2nd
• Format: Hardcover
• Copyright: 1997-09-04
• 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

Editor's Preface	ix	(2)
Preface	xi
Introduction	3	(7)
1. The Origins of Property Rights: The Colonial Period	10	(16)
2. The Revolutionary Era, 1765-1787	26	(16)
3. "Property Must Be Secured": Establishing a New Constitutional Order	42	(17)
4. The Development of Property Rights in the Antebellum Era, 1791-1861	59	(23)
5. The Gilded Age and the Challenge of Industrialization	82	(19)
6. Progressive Reform and Judicial Conservatism, 1900-1932	101	(18)
7. The New Deal and the Demise of Laissez-Faire Constitutionalism	119	(16)
8. Property Rights and the Regulatory State	135	(25)
9. Epilogue	160	(5)
Notes	165	(10)
Bibliographical Essay	175	(16)
Index of Cases	191	(6)
Index	197