The Guardian Of Every Other Right: A Constitutional History Of Property Rights

Paperback | December 5, 2007

byJames W. Ely

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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, andeconomic 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 Kelodecision 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 constitutionalhistory.

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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, andeconomic change in shaping constitutional thought...

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:...

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Format:PaperbackDimensions:240 pages, 5.51 × 8.11 × 0.91 inPublished:December 5, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195323335

ISBN - 13:9780195323337

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Table of Contents

Editor's PrefacePrefaceIntroduction1. The Origins of Property Rights: The Colonial Period2. The Revolutionary Era, 1765-17873. "Property Must Be Secured": Establishing a New Constitutional Order4. The Development of Property Rights in the Antebellum Era, 1791-18615. The Gilded Age and the Challenge of Industrialization6. Progressive Reform and Judicial Conservatism, 1900-19327. The New Deal and the Demise of Laissez-Faire Constitutionalism8. Property Rights and the Regulatory State9. EpilogueNotesBibliographical EssayIndex of CasesIndex

Editorial Reviews

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 acomprehensive, yet surprisingly readable examination of the issues."--The Journal of Southern History