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Here is what the Framers of the Constitution thought about economic rights. To the current debate over constitutional interpretation, this book adds a dispassionate examination of our beginnings. It focuses on the philosophical, political, and social currents that influenced the thought and behavior of the Framers.
What was the relationship between property rights and liberty? How important to the Framers was the protection of economic liberties? In what ways does the Constitution protect these liberties? Was the Constitution a document forged with the intent of securing what would later be called a capitalist system? Or were the Framers primarily concerned with promoting a society based upon civic virtue? These are a few of the major themes that the authors of this volume address.
Acknowledgments
Introduction
The Contractarian Logic of Classical Liberalism
JAMES M. BUCHANAN
Public Choice Constitutionalism and Economic Rights
MARK TUSHNET
Civil Rights and Property Rights
WILLIAM H. RIKER
Judicial Activism of the Right: A Mistaken and Futile Hope
LINO A. GRAGLIA
Economic Liberty and the Future of Constitutional Self-Government
STEPHEN MACEDO
Tutelary Jurisprudence and Constitutional Property
FRANK MICHELMAN
Takings: Of Maginot Lines and Constitutional Compromises
RICHARD A. EPSTEIN
The Politics of the New Property: Welfare Rights in Congress and the Courts and the Courts
R. SHEP MELNICK
Work, Government, and the Constitution: Determining the Proper Allocation of Rights and Powers
THOMAS R. HAGGARD
The Right to Organize Meets the Market
LEO TROY
Contributors
Index