The Guardian of Every Other Right
A Constitutional History of Property Rights
3rd Edition
Published on 29. November 2007
Book
Hardback
240 pages
978-0-19-532332-0 (ISBN)
Description
The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book 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. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.
Reviews / Votes
Acclaim for previous editions"An informative and balanced account of the history of property rights protections under the Constitution. * The American Journal of Legal History * Acclaim for previous editions
"This slender volume should serve well on reading lists both in introductory American history courses and in upper-division legal history or constitutional law courses. * The American Historical Review * Acclaim for previous editions
"Greatly clarifies the pivotal place of private property in the American system. Through a sophisticated historical analysis, Ely illuminates two recurring issues of great importance: the constitutional limits on government regulation of property and the complex relationship between property ownership and individual liberty. * Norman Dorsen, New York University School of Law * Acclaim for previous editions
"A wonderfully compact odyssey through the history of constitutional protection for property rights in this country. Tracing the winding evolution of Supreme Court decisions that affected the uses and enjoyment of property, as well as the government's attempts to regulate the same, Ely constructs a comprehensive, yet surprisingly readable examination of the issues. * The Journal of Southern History *
More details
Series
Edition
3rd Revised edition
Language
English
Place of publication
New York
United States
Edition type
Revised edition
Illustrations
18 s/w Photographien bzw. Rasterbilder
18 b/w halftones
Dimensions
Height: 222 mm
Width: 145 mm
Thickness: 18 mm
Weight
475 gr
ISBN-13
978-0-19-532332-0 (9780195323320)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
11/2007
3rd Edition
OUP eBook
€24.99
Available for download
E-Book
11/2007
3rd Edition
OUP eBook
€24.99
Available for download
Previous edition
James W. Ely
The Guardian of Every Other Right
Book
09/1997
2nd Edition
Oxford University Press Inc
€52.62
Article exhausted; check for reprint
Person
James W. Ely, Jr. is Milton R. Underwood Professor of Law and Professor of History at Vanderbilt University. He is the author or editor of sixteen books, including Ambivalent Legacy: A Legal History of the South (1984), An Uncertain Tradition: Constitutionalism and the History of the South (1989), The Bill of Rights in Modern America: After 200 Years (1993), The Chief Justiceship of Melville W. Fuller, 1888-1910 (1995), and Railroads and American Law (2001).
Content
Editor's Preface ; Preface ; Introduction ; 1. The Origins of Property Rights: The Colonial Period ; 2. The Revolutionary Era, 1765-1787 ; 3. "Property Must Be Secured": Establishing a New Constitutional Order ; 4. The Development of Property Rights in the Antebellum Era, 1791-1861 ; 5. The Gilded Age and the Challenge of Industrialization ; 6. Progressive Reform and Judicial Conservatism, 1900-1932 ; 7. The New Deal and the Demise of Laissez-Faire Constitutionalism ; 8. Property Rights and the Regulatory State ; 9. Epilogue ; Notes ; Bibliographical Essay ; Index of Cases ; Index