Economic Liberties and the Constitution

ISBN-13: 9781412805254 / Angielski / Miękka / 2005 / 434 str.

Bernard H. Siegan

Opis

In Economic Liberties and the Constitution Siegan explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties.

Spis treści

1: The Magna Carta; 2: Protection of Material Rights Prior to the Ratification of the Constitution; 3: Framing a Constitution to Secure Liberty; 4: Judicial Interpretations of Due Process Prior to the Framing of the Fourteenth Amendment; 5: Substantive Due Process Decisions 1905–1937: Lochner v. New York (1905) Comment by Professor Christopher Wonnell West Coast Hotel Co. v. Parrish et al . (1937) Nebbia v. New York (1934) New State Ice Co. v. Liebmann (1932); 6: Destroying the Original Constitution; 7: The New Deal Justices Reinterpret the Constitution; 8: U.S. Supreme Court Refuses to Reverse Economic Liberties Decisions and Strikes Down Commerce Clause Decisions; 9: Failures of Statism in the United States and its Collapse Elsewhere in the World; 10: Economic Success: Germany (Come and Gone), Ireland, China, and Vietnam; 11: Recent Decisions That Do Not Apply Due Process or Equal Protection to Protect Economic Liberties: Dolan v. City Of Tigard (1994) BMW of North America, Inc. v. Gore (1996) Allied Structural Steel Co. v. Spannaus (1978) C & A Carbone, Inc. v. Town of Clarkstown (1994) 44 Liquormart, Inc. et al. v. Rhode Island et al . (1996); 12: Some Lower Courts Strike Down Economic Legislation, but Supreme Court Changes Uncertain; Epilogue

O autorze

Bernard H. Siegan