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| an economic interpretation of the constitution: An Economic Interpretation of the Constitution of the United States Charles Austin Beard, 2011-09 A CONTROVERSIAL INTERPRETATION OF THE FOUNDERS' INTENTIONS Beard's interpretation proposes that the Framers of the Federal Constitution were motivated primarily by economic concerns. This argument was widely held until the late 1950s, when it was gradually undermined by later research, much of it stimulated by Beard's work. Although most scholars today see the origins of the revolution in terms of the history of ideas, especially republicanism, Beard's work remains fundamental and has insured a continued focus on the economic aspect of the nation's establishment, as well as a wider awareness of the role of economic interests in history. . . . one of 'the basic works' on the Federal Convention of 1787. --JAMES WILLARD HURST, The Growth of American Law 458 CHARLES A. BEARD [1874-1948] was one of the most influential American historians of the first half of the 20th century. A founder of The New School for Social Research, he was the author of several works including T he Supreme Court and the Constitution (1912), Economic Origins of Jeffersonian Democracy (1915) and T he Rise of American Civilization (1927), co-written with his wife, the historian Mary Beard. |
| an economic interpretation of the constitution: An Economic Interpretation of the Constitution of the United States Charles A. Beard, 2004-05-20 This famous study — one of the most influential in the area of American economic history — brought a halt to Americans' uncritical reverence for their country's revolutionary past. Questioning the Founding Fathers' motivations in drafting the Constitution, it viewed the results as a product of economic self-interest. Perhaps the most controversial books of its time. |
| an economic interpretation of the constitution: An Economic Interpretation of the Constitution of the United States Charles Austin Beard, 1921 |
| an economic interpretation of the constitution: Economic Origins of Jeffersonian Democracy Charles Austin Beard, 2007 |
| an economic interpretation of the constitution: To Form a More Perfect Union Robert Allen McGuire, 2003 Many important questions regarding the creation and adoption of the United States Constitution remain unresolved. Did slaveholdings or financial holdings significantly influence our Founding Fathers' stance on particular clauses or rules contained in the Constitution? Was there a division of support for the Constitution related to religious beliefs or ethnicity? Were founders from less commercial areas more likely to oppose the Constitution? To Form a More Perfect Union successfully answers these questions and offers an economic explanation for the behavior of our Founding Fathers during the nation's constitutional founding. In 1913, American historian Charles A. Beard controversially argued in his book An Economic Interpretation of the Constitution of the United States that the framers and ratifiers of the Constitution were less interested in furthering democratic principles than in advancing specific economic and financial interests. Beard's thesis eventually emerged as the standard historical interpretation and remained so until the 1950s. Since then, many constitutional and historical scholars have questioned an economic interpretation of the Constitution as being too narrow or too calculating, believing the great principles and political philosophies that motivated the Founding Fathers to be worthier subjects of study. In this meticulously researched reexamination of the drafting and ratification of our nation's Constitution, Robert McGuire argues that Alexander Hamilton, James Madison, George Mason and the other Founding Fathers did act as much for economic motives as for abstract ideals. To Form a More Perfect Union offers compelling evidence showing that the economic, financial, and other interests of the founders can account for the specific design and adoption of our Constitution. This is the first book to provide modern evidence that substantiates many of the overall conclusions found in Charles Beard's An Economic Interpretation while challenging and overturning other of Beard's specific findings. To Form a More Perfect Union presents an entirely new approach to the study of the shaping of the U.S. Constitution. Through the application of economic thinking and rigorous statistical techniques, as well as the processing of vast amounts of data on the economic interests and personal characteristics of the Founding Fathers, McGuire convincingly demonstrates that an economic interpretation of the Constitution is valid. Radically challenging the prevailing views of most historians, political scientists, and legal scholars, To Form a More Perfect Union provides a wealth of new findings about the Founding Fathers' constitutional choices and sheds new light on the motivations behind the design and adoption of the United States Constitution. |
| an economic interpretation of the constitution: Economic Liberties and the Constitution Bernard H. Siegan, 2011-12-31 In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He 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. About the original edition, Doug Bandow of Reason noted, Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason—the necessity—for protecting economic liberty is no less than that guaranteeing political and civil liberty. Joseph Sobran of the National Review wrote, Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it. And Edwin Meese remarked that, This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly. This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science. |
| an economic interpretation of the constitution: The Living Constitution David A. Strauss, 2010-05-19 Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, living Constitution effectively rendered the Constitution useless. He wanted a dead Constitution, he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other originalists, explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century. |
| an economic interpretation of the constitution: The Continental System Eli F. Heckscher, 2006-12-01 Working amidst the global economic turmoil of World War I and the blockade of his neutral homeland, Swedish economist and historian ELI FILIP HECKSCHER (1879-1952) produced this provocative and widely influential analysis of European commercial conflict from the late 17th century through the early 19th century: . What was the impact of the British blockade of France in the 1790s? . How did the national debt and credit system of Britain affect its monetary warfare? . What part did the British colonies in America and later the new United States play in the European economic conflict? . What was done with confiscated goods? . How did smuggling and corruption in the early 1800s change the balance of power? This interpretation of the centuries-long economic clash between Britain, France, and their allies, first published 1922, remains an intriguing work of history today. |
| an economic interpretation of the constitution: Building the Constitution James Fowkes, 2016-12-15 A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success. |
| an economic interpretation of the constitution: Unruly Americans and the Origins of the Constitution Woody Holton, 2008-10-14 Average Americans Were the True Framers of the Constitution Woody Holton upends what we think we know of the Constitution's origins by telling the history of the average Americans who challenged the framers of the Constitution and forced on them the revisions that produced the document we now venerate. The framers who gathered in Philadelphia in 1787 were determined to reverse America's post-Revolutionary War slide into democracy. They believed too many middling Americans exercised too much influence over state and national policies. That the framers were only partially successful in curtailing citizen rights is due to the reaction, sometimes violent, of unruly average Americans. If not to protect civil liberties and the freedom of the people, what motivated the framers? In Unruly Americans and the Origins of the Constitution, Holton provides the startling discovery that the primary purpose of the Constitution was, simply put, to make America more attractive to investment. And the linchpin to that endeavor was taking power away from the states and ultimately away from the people. In an eye-opening interpretation of the Constitution, Holton captures how the same class of Americans that produced Shays's Rebellion in Massachusetts (and rebellions in damn near every other state) produced the Constitution we now revere. Unruly Americans and the Origins of the Constitution is a 2007 National Book Award Finalist for Nonfiction. |
| an economic interpretation of the constitution: The Crisis of the Middle-Class Constitution Ganesh Sitaraman, 2018-02-06 In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system. |
| an economic interpretation of the constitution: Keeping Faith with the Constitution Goodwin Liu, Pamela S. Karlan, Christopher H. Schroeder, 2010-08-05 Chief Justice John Marshall argued that a constitution requires that only its great outlines should be marked [and] its important objects designated. Ours is intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs. In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as constitutional fidelity--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity. |
| an economic interpretation of the constitution: Public Choice Analyses of American Economic History Joshua Hall, Marcus Witcher, 2019-01-25 This book is the third installment in a series of volumes looking at episodes in American economic history from a public choice perspective. Each chapter discusses citizens, special interests, and government officials responding to economic incentives in both markets and politics. In doing so, the book provides fresh insights into important periods of American history, from the Rhode Island’s 1788 Referendum on the U.S. Constitution and the political influence of women’s clubs in the United States. The volume features economic historians such as Ruth Wallis Herndon, junior public choice scholars such as Jayme Lemke and Leo Krasnozhon, and political scientists such as Michael Faber. This volume will be useful for researchers and students interested in economics, history, political science, economic history, public choice, and political economy. |
| an economic interpretation of the constitution: Socio-economic Rights Sandra Liebenberg, 2010 Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory. |
| an economic interpretation of the constitution: The Oxford Handbook of the Canadian Constitution Peter Oliver, Patrick Macklem, Nathalie Des Rosiers, 2017-08-10 The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation. |
| an economic interpretation of the constitution: An Economic Interpretation of the Constitution of the United States Charles A. Beard, 2012-12-18 First published in 1913, Beard’s iconoclastic masterwork sparked a deep historical debate that has not abated. Scrutinizing the Constitution in light of economic forces, he proposed for the first time that this politico-legal document was shaped by a group of men whose commercial interests were best served by its provisions. One hundred years later, An Economic Interpretation continues to stand the test of time, raising important questions about commercial and political power and generating radical new insights into our laws and our economy. |
| an economic interpretation of the constitution: The Classical Liberal Constitution Richard A. Epstein, 2014-01-06 Steering clear of debates over originalism vs. a living Constitution, Richard A. Epstein employs close reading, historical analysis, and political and economic theory to urge a return to federalism, restricted government, separation of powers, and strong protection of individual rights--ideas that animated the framers' constitutional design. |
| an economic interpretation of the constitution: Novus Ordo Seclorum Forrest McDonald, 1985 'A witty and energetic study of the ideas and passions of the Framers.' - New York Times Book Review'An important, comprehensive statement about the most fundamental period in American history. It deals authoritatively with topics no student of American can afford to ignore.' - Harvey Mansfield, author of the Spirit of Liberalism |
| an economic interpretation of the constitution: On Reading the Constitution Laurence H. TRIBE, Michael C. Dorf, Laurence H Tribe, 2009-06-30 Our Constitution speaks in general terms that seem to invite readers to reflect in them their own agendas. Recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today. |
| an economic interpretation of the constitution: America's Constitution Akhil Reed Amar, 2012-02-29 In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States. |
| an economic interpretation of the constitution: Constitutional Interpretation in Singapore Jaclyn L Neo, 2016-06-17 At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore’s constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms. |
| an economic interpretation of the constitution: Expounding the Constitution Grant Huscroft, 2008-04-21 What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory. |
| an economic interpretation of the constitution: The Strategic Constitution Robert Cooter, 2002-04-07 Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in median democracy, whereas representatives of all the citizens bargain over laws and public goods in bargain democracy. Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined. |
| an economic interpretation of the constitution: The Economic Interpretation of History Edwin R. A. Seligman, 2022-10-27 This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. |
| an economic interpretation of the constitution: The Global Model of Constitutional Rights Kai Möller, 2012-10-25 Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now globally. This global model of constitutional rights is characterized by an extremely broad approach to the scope of rights (sometimes referred to as 'rights inflation'), the acceptance of horizontal effect of rights, positive obligations, and increasingly also socio-economic rights, and the use of the doctrines of balancing and proportionality to determine the permissible limitations of rights. Drawing on analyses of a broad range of cases from the UK, the European Court of Human Rights, Germany, Canada, the US, and South Africa, this book provides the first substantive moral, reconstructive theory of the global model. It shows that it is based on a coherent conception of constitutional rights which connects to attractive accounts of judicial review, democracy and the separation of powers. The first part of the book develops a theory of the scope of rights under the global model. It defends the idea of a general right to personal autonomy: a right to everything which, according to the agent's self-conception, is in his or her interest. The function of this right is to acknowledge that every act by a public authority which places a burden on a person's autonomy requires justification. The second part of the book proposes a theory of the structure of this justification which offers original and useful accounts of the important doctrines of balancing and proportionality. |
| an economic interpretation of the constitution: The Reason of Rules Geoffrey Brennan, James M. Buchanan, 2000 In his foreword, Robert D Tollison identifies the main objective of Geoffrey Brennan and James M Buchanan's THE REASON OF RULES: ...a book-length attempt to focus the energies of economists and other social analysts on the nature and function of the rules under which ordinary political life and market life function. In persuasive style, Brennan and Buchanan argue that too often economists become mired in explaining the obvious or constructing elaborate mathematical models to shed light on trivial phenomena. Their solution: economics as a discipline would be better focused on deriving normative procedures for establishing rules so that ordinary economic life can proceed unaffected as much as possible by social issues. In THE REASON OF RULES, Brennan and Buchanan sketch out a methodological and analytical framework for the establishment of rules. They point out that the consideration of rules has its roots in classical economics and has been hinted at in the work of some contemporary economists. But the enterprise of applying the analytical rigor of modern economics to the establishment of effective rules is the little-traveled road that bears the most promise. In fact, the basic idea of the importance of rules is a thread that runs through virtually the whole of Buchanan's distinguished career, and it is one of his signal contributions to the contemporary discipline of economics. THE REASON OF RULES is an elaboration of the potential for rules and the normative process by which they can best be devised. |
| an economic interpretation of the constitution: The Cult of the Constitution Mary Anne Franks, 2020-09-08 In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, free-market approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively. |
| an economic interpretation of the constitution: An Economic Interpretation of the Constitution of the United States Charles Austin Beard, 1913 |
| an economic interpretation of the constitution: The Constitution of Liberty F. A. Hayek, 2011-04-01 From the $700 billion bailout of the banking industry to president Barack Obama’s $787 billion stimulus package to the highly controversial passage of federal health-care reform, conservatives and concerned citizens alike have grown increasingly fearful of big government. Enter Nobel Prize–winning economist and political theorist F. A. Hayek, whose passionate warning against empowering states with greater economic control, The Road to Serfdom, became an overnight sensation last summer when it was endorsed by Glenn Beck. The book has since sold over 150,000 copies. The latest entry in the University of Chicago Press’s series of newly edited editions of Hayek’s works, The Constitution of Liberty is, like Serfdom, just as relevant to our present moment. The book is considered Hayek’s classic statement on the ideals of freedom and liberty, ideals that he believes have guided—and must continue to guide—the growth of Western civilization. Here Hayek defends the principles of a free society, casting a skeptical eye on the growth of the welfare state and examining the challenges to freedom posed by an ever expanding government—as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In opposition to those who call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights are timelier and more welcome than ever before. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from his enduring wisdom. |
| an economic interpretation of the constitution: How Progressives Rewrote the Constitution Richard A. Epstein, 2007-09-25 How Progressives Rewrote the Constitution explores the fundamental shift in political and economic thought of the Progressive Era and how the Supreme Court was used to transform the Constitution into one that reflected the ideas of their own time, while undermining America’s founding principles. Epstein examines key decisions to demonstrate how Progressives attacked much of the legal precedent and eventually weakened the Court’s thinking concerning limited federal powers and the protection of individual rights. Progressives on the Court undermined basic economic principles of freedom and competition, paving the way for the modern redistributive and regulatory state. This book shows that our modern “constitutional law,” fashioned largely by the New Deal Court in the late 1930s, has its roots in Progressivism, not in our country's founding principles, and how so many of those ideas, however discredited by more recent economic thought, still shape the Court's decisions. |
| an economic interpretation of the constitution: The Federalist Papers Alexander Hamilton, John Jay, James Madison, 2018-08-20 Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States. |
| an economic interpretation of the constitution: The Partial Constitution Cass R. Sunstein, 1993 This was not always the case, as Sunstein demonstrates; nor was it the intention of the country's founders. Instead, the Constitution often served as a catalyst for public deliberation about its general terms and aspirations - and Sunstein makes a strong case for reviving this broader understanding of the Constitution's role. |
| an economic interpretation of the constitution: Freedom's Law Ronald Dworkin, 1999 Written by the world's best-known political and legal theorist, Freedom's Law: The Moral Reading of the American Constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Professor Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His `moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were originally published separately and are now drawn together to provide the reader with a rich, full-length treatment of Dworkin's general theory of law. |
| an economic interpretation of the constitution: Charles Austin Beard Lucille Speer Research Chair in Politics and History Richard Drake, PhD Faaa, 2023-04-15 In the face of the ruinous costs of empire, about which Charles Austin Beard warned at the time of the Second World War, the life and work of this American prophet merit reexamination today-- |
| an economic interpretation of the constitution: Constitutional Construction Keith E. Whittington, William Nelson Cromwell Professor of Politics and the Director of Graduate Studies in the Department of Politics Keith E Whittington, 2009-06-01 This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency. |
| an economic interpretation of the constitution: The Challenge of Originalism Grant Huscroft, Bradley W. Miller, 2011-09-12 Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves. |
| an economic interpretation of the constitution: The Constitution of Empire Gary Lawson, Guy Seidman, 2008-10-01 The Constitution of Empire offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution’s design for territorial acquisition and governance and examine the ways in which practice over the past two hundred years has diverged from that original vision. Noting that most of America’s territorial acquisitions—including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican-American and Spanish-American Wars—resulted from treaties, the authors elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. They find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and they explore the often-strange paths that constitutional law has traveled to permit such deviations from the Constitution’s original meaning. |
| an economic interpretation of the constitution: The Supreme Court and the Constitution Charles A. Beard, 2012-07-17 A thorough analysis of the early history and development of judicial review, this book by a preeminent scholar ranks among the most cited and highly regarded texts on law and government. |
| an economic interpretation of the constitution: An Economic Interpretation of the Constitution of the United States Charles Beard, 2017 In his piercing introduction to An Economic Interpretation the author wrote that 'whoever leaves economic pressures out of history or out of discussion of public questions is in mortal peril of substituting mythology for reality.' It was Beard's view that the founding fathers, especially Madison, Jay, and Hamilton, never made such a miscalculation. Indeed, these statesmen placed themselves among the great practitioners of all ages and gave instructions to succeeding generations in the art of government by their vigorous deployment of classical political economy.In this new printing of a major classic in American historiography, Louis Filler provides a sense of the person behind the book, the background that enabled Beard to move well beyond the shibboleths of the second decade of the twentieth century. While the controversies over Beard's book have quieted, the issues which it raised have hardly abated. Indeed, one can say that just about every major work in the politics and economics of the American nation must contend with Beard's classic work. Beard's work rests on an examination of primary documents: land and slave owners, geographic distribution of money, ownership of public securities, the specific condition of those who were disenfranchised as well as those who were in charge of the nascent American economy.The great merit of Beard's work is that despite its incendiary potential, he himself viewed An Economic Interpretation in coldly analytical terms, seeing such a position as giving comfort to neither revolutionaries nor reactionaries. Attacked by Marxists for being too mechanical, and by conservatives as being blind to the moral purposes of the framers of the constitution, the work continues to exercise a tremendous influence on all concerned. The fact that Beard wrote with a scalpel-like precision that gripped the attention of those in power no less than the common man is, it should be added, no small element in the enduring forces of this work.--Provided by publisher. |
| an economic interpretation of the constitution: Renewing the Search for a Monetary Constitution Lawrence Henry White, Viktor Vanberg, Ekkehard A. Kohler, 2015 Papers originally presented at an April 2012 symposium held in Freiburg-im-Breisgau, Germany. |
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