Ellen Frankel Paul - Liberty, Property, and the Foundations of the American Constitution
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Liberty, Property, and the Foundations of the American Constitution
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Here is what the Framers of the Constitution thought about economic rights. To the current debate over constitutional interpretation, this book adds a dispassionate examination of our beginnings. It focuses on the philosophical, political, and social currents that influenced the thought and behavior of the Framers. What was the relationship between property rights and liberty? How important to the Framers was the protection of economic liberties? In what ways does the Constitution protect these liberties? Was the Constitution a document forged with the intent of securing what would later be called a capitalist system? Or were the Framers primarily concerned with promoting a society based upon civic virtue? These are a few of the major themes that the authors of this volume address.
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Liberty, Property, and the Foundations of the American Constitution SUNY Series in the Constitution and Economic Rights
author
:
Paul, Ellen Frankel.
publisher
:
State University of New York Press
isbn10 | asin
:
0887069150
print isbn13
:
9780887069154
ebook isbn13
:
9780585087788
language
:
English
subject
Right of property--United States--History, Economic liberties (U.S. Constitution)--History.
publication date
:
1989
lcc
:
JC605.L53 1989eb
ddc
:
323.4/6
subject
:
Right of property--United States--History, Economic liberties (U.S. Constitution)--History.
Page i
Liberty, Property, and the Foundations of the American Constitution
Page ii
SUNY Series in the Constitution and Economic Rights
Ellen Frankel Paul, Editor
Page iii
Liberty, Property, and the Foundations of the American Constitution
edited by Ellen Frankel Paul and Howard Dickman
State University of New York Press
Page iv
Published by State University of New York Press, Albany
1989 State University of New York
All rights reserved
Printed in the United States of America
No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles and reviews.
For information, address State University of New York Press, State University Plaza, Albany, N.Y., 12246
Library of Congress Cataloging in Publication Data Liberty, property, and the foundations of the American Constitution / edited by Ellen Frankel Paul, Howard Dickman.
p. cm. (SUNY series in the Constitution and economic rights) Includes index. ISBN 088706-914-2. ISBN 0-88706-915-10 (pbk.) 1. Right of propertyUnited StatesHistory. 2. United States Constitutional history. I. Paul, Ellen Frankel. II. Dickman, Howard. III. Series. JC605.L53 1988 323.4'6dc1988-11614
CIP
10 9 8 7 6 5 4 3 2
Page v
Contents
Acknowledgments
vii
Preface
GORDON S. WOOD
ix
1 "The Rights of Property, and the Property in Rights"; The Problematic Nature of 'Property' in the Political Thought of the Founders and the Early Republic
MICHAEL KAMMEN
1
2 Moral Philosophy and the Framing of the Constitution
ANDREW J. RECK
23
3 The Great Fence to Liberty: The Right to Property in the American Founding
EDWARD J. ERLER
43
4 Jefferson and Property Rights
JEAN YARBROUGH
65
5 Republicanism, Commerce, and Private Rights: James Madison's Path to the Constitutional Convention of 1787
CHARLES F. HOBSON
85
6 One People as to Commercial Objects
BERNARD H. SIEGAN
101
7 The Economic Policy of the Constitution
WILLIAM LETWIN
121
8 Contract Rights and Property Rights: A Case Study in the Relationship between Individual Liberties and Constitutional Structure
MICHAEL W. McCONNELL
141
Contributors
169
Index
173
Page vii
Acknowledgments
The editors wish to acknowledge the generous support of the National Endowment for the Humanities (Ref: GB-2008186), and especially the encouragement of the Bicentennial Division and the Division of Public Programs. Additional support was received from the Bowling Green State University Office of University Relations, the College of Arts and Sciences, and the Graduate College. Many individuals at the Social Philosophy and Policy Center, Bowling Green State University provided invaluable assistance in the preparation of this volume; they include: Assistant Project Director Kory Tilgner, Jeffrey Paul, Fred D. Miller, Jr., Dan Greenberg, Terrie Weaver and Tamara Sharp.
Page ix
Preface
Gordon S. Wood
The American Revolution was a great turning point in the economic history of the United States. Almost overnight, it seems, the American economy was transformed. The aftermath of the Revolution saw a great release and expansion, a virtual explosion, of energy. The population and productivity of America grew as never before. Americans took the Declaration of Independence seriously, and more of them than ever before were off in the pursuit of happiness. "There is not upon the face of the earth a body of people more happy or rising into consequence with more rapid stride, than the inhabitants of the United States of America," Charles Thomson, the secretary of the Confederation Congress told Thomas Jefferson in 1786. "Population is increasing, new houses building, new lands clearing, new settlements forming, and new manufacturers establishing with a rapidity beyond conception."
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