Property Power And American Democracy

Author : David Andrew Schultz
Publisher : Transaction Publishers
ISBN 13 : 9781412832182
Total Pages : 244 pages
Book Rating : 4.87/5 ( download)

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Download or read book Property, Power, and American Democracy written by David Andrew Schultz and published by Transaction Publishers. This book was released on 1992-01-01 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: One legacy of the Reagan and post-Reagan years has been a questioning by both liberals and conservatives of recent eminent domain and property rights decisions by the Supreme Court. This timely volume examines the changing political and constitutional status of these concepts, Schultz argues that we need to rethink the nature of property rights by asking what purpose they serve in American society and whether they deserve special legal and judicial protection against legislative interference. "Property, Power, and American Democracy "is founded on a searching reexamination of the role of property in early and contemporary American legal and political thought. From this perspective, Schultz shows that the meaning of property is currently in flux as a result of a failure to sustain those values that property was originally supposed to protect in our society: individual liberty, limited government, and minority rights. In keeping with the moral and political values associated with property in the writings of John Locke, James Harrington, and other classical theorists, the author contends that property should not be viewed merely as a thing we possess or an entity we may dispose of at will. Instead it is to be seen as an important social relationship to which the law gives special protection thereby furthering a sense of autonomy, self-identity, and community. This volume demonstrates that once we view property in this light, we can then ask which relations or values are so important in our society that they deserve to be called property. Drawing upon both liberal and conservative points of view, "Property, Power, and American Democracy "is a powerful argument for the reinvigoration of property rights. It will be of special interest to political scientists, urban planners, and specialists hi American constitutional history and political thought.

Author : Grant McConnell
Publisher : Vintage
ISBN 13 :
Total Pages : 428 pages
Book Rating : 4.99/5 ( download)

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Download or read book Private Power & American Democracy written by Grant McConnell and published by Vintage. This book was released on 1970 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674036557
Total Pages : 377 pages
Book Rating : 4.50/5 ( download)

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Download or read book Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

Author : Randall G. Holcombe
Publisher : Independent Institute
ISBN 13 : 1598133349
Total Pages : 312 pages
Book Rating : 4.49/5 ( download)

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Download or read book Liberty in Peril written by Randall G. Holcombe and published by Independent Institute. This book was released on 2019-09-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the United States was born in the revolutionary acts of 1776, Americans viewed the role of government as the protector of their individual rights. Thus, the fundamental principle underlying the new American government was liberty. Over time, the ideology of political "democracy"—the idea that the role of government is to carry out the "will of the people," as revealed through majority rule—has displaced the ethics of liberty. This displacement has eroded individual rights systematically and that history is examined in Liberty in Peril by Randall Holcombe in language accessible to anyone. The Founders intended to design a government that would preclude tyranny and protect those individual rights, and the Bill of Rights was a clear statement of those rights. They well understood that the most serious threat to human rights and liberty is government. So, the Constitution clearly outlined a limited scope for government and set forth a form of governance that would preserve individual rights. The federal government's activities during two world wars and the Great Depression greatly increased government's involvement in people's lives. By the time of Lyndon Johnson's "Great Society," the depletion of rights and the growth of the activities of political democracy was complete. By the end of the 20th Century the fundamental principle underlying the U.S. government was now political power and not liberty. Public policy was oriented toward fulfilling the majority rule with the subsequent increase in government power and scope. Holcombe argues that economic and political systems are not separate entities but are intimately intertwined. The result is a set of tensions between democracy, liberty, a market economy, and the institutions of a free society. All those interested in the evolution of American government, including historians, political scientists, economists, and legal experts, will find this book compelling and informative.

Author : Grant McConnell
Publisher :
ISBN 13 :
Total Pages : 397 pages
Book Rating : 4.26/5 ( download)

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Download or read book Private Power and American Democracy written by Grant McConnell and published by . This book was released on 1979 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Jennifer Nedelsky
Publisher : University of Chicago Press
ISBN 13 : 0226569713
Total Pages : 358 pages
Book Rating : 4.10/5 ( download)

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Download or read book Private Property and the Limits of American Constitutionalism written by Jennifer Nedelsky and published by University of Chicago Press. This book was released on 1994-06-15 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalists vision of the Constitution; an interdisciplinary investigation.

Author : Lynn Staeheli
Publisher : Routledge
ISBN 13 : 1135917086
Total Pages : 209 pages
Book Rating : 4.81/5 ( download)

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Download or read book The People's Property? written by Lynn Staeheli and published by Routledge. This book was released on 2016-05-06 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The People’s Property? is the first book-length scholarly examination of how negotiations over the ownership, control, and peopling of public space are central to the development of publicity, citizenship, and democracy in urban areas. The book asks the questions: Why does it matter who owns public property? Who controls it? Who is in it? Donald Mitchell and Lynn A. Staeheli answer the questions by focusing on the interplay between property (in its geographical sense, as a parcel of owned space) and people. Property rights are often defined as the "right to exclude." It is important, therefore, to understand who (what individual and corporate entities, governed by what kinds of regulations and restrictions) owns publicly accessible property. It is likewise important to understand the changing bases for excluding some people and classes of people from otherwise publicly accessible property. That is to say, it is important to understand how modes of access and possibilities for association in publicly accessible space vary for different individuals and different classes of people, if we are to understand the role public spaces play in shaping democratic possibilities. In what ways are urban public spaces "the people’s property" – and in what ways are they not? What does this mean for citizenship and the constitution of an inclusive, democratic polity? The book develops its argument through five case studies: protest in Washington DC; struggles over the Plaza of Santa Fe, NM; homelessness and property redevelopment in San Diego, CA; the enclosure of public space in a mall in Syracuse, NY; and community gardens in New York City. Though empirically focused on the US, the book is of broader interests as publics in all liberal democracies are under-going rapid reconsideration and transformation.

Author : Adam Winkler
Publisher : Liveright Publishing
ISBN 13 : 0871403846
Total Pages : 384 pages
Book Rating : 4.41/5 ( download)

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Download or read book We the Corporations: How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.

Author : Manisha Sinha
Publisher : Columbia University Press
ISBN 13 : 0231141106
Total Pages : 350 pages
Book Rating : 4.09/5 ( download)

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Download or read book Contested Democracy written by Manisha Sinha and published by Columbia University Press. This book was released on 2007 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: With essays on U.S. history ranging from the American Revolution to the dawn of the twenty-first century, Contested Democracy illuminates struggles waged over freedom and citizenship throughout the American past. Guided by a commitment to democratic citizenship and responsible scholarship, the contributors to this volume insist that rigorous engagement with history is essential to a vital democracy, particularly amid the current erosion of human rights and civil liberties within the United States and abroad. Emphasizing the contradictory ways in which freedom has developed within the United States and in the exercise of American power abroad, these essays probe challenges to American democracy through conflicts shaped by race, slavery, gender, citizenship, political economy, immigration, law, empire, and the idea of the nation state. In this volume, writers demonstrate how opposition to the expansion of democracy has shaped the American tradition as much as movements for social and political change. By foregrounding those who have been marginalized in U.S society as well as the powerful, these historians and scholars argue for an alternative vision of American freedom that confronts the limitations, failings, and contradictions of U.S. power. Their work provides crucial insight into the role of the United States in this latest age of American empire and the importance of different and oppositional visions of American democracy and freedom. At a time of intense disillusionment with U.S. politics and of increasing awareness of the costs of empire, these contributors argue that responsible historical scholarship can challenge the blatant manipulation of discourses on freedom. They call for careful and conscientious scholarship not only to illuminate contemporary problems but also to act as a bulwark against mythmaking in the service of cynical political ends.

Author : Joseph Fishkin
Publisher : Harvard University Press
ISBN 13 : 067498062X
Total Pages : 641 pages
Book Rating : 4.24/5 ( download)

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Download or read book The Anti-Oligarchy Constitution written by Joseph Fishkin and published by Harvard University Press. This book was released on 2022-01-11 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the Òrepublican form of governmentÓ the Constitution requires. Today, courts enforce the Constitution as if it has almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Fishkin and Forbath demonstrate that reformers, legislators, and even judges working in this Òdemocracy of opportunityÓ tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of slave power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the Òeconomic royalistsÓ and Òindustrial despots.Ó But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.