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| economic interpretation of the constitution: An Economic Interpretation of the Constitution of the United States Charles A. Beard, 2012-03-08 This classic study — one of the most influential in the area of American economic history — questioned the founding fathers' motivations and prompted new perceptions of the supreme law of the land. |
| economic interpretation of the constitution: An Economic Interpretation of the Constitution of the United States Charles Austin Beard, 1921 |
| 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. |
| economic interpretation of the constitution: We the People Forrest McDonald, 1991-01-01 Charles A. Bear's An Economic Interpretation of the United States Constitution was a work of such powerful persuasiveness as to alter the course of American historiography. No historian who followed in studying the making of the Constitution was entirely free from Beard's radical interpretation of the document as serving the economic interests of the Framers as members of the propertied class. Forrest McDonald's We the People was the first major challenge to Beard's thesis. This superbly researched and documented volume restored the Constitution as the work of principled and prudential men. It did much to invalidate the crude economic determinism that had become endemic in the writing of American history. We the People fills in the details that Beard had overlooked in his fragmentary book. MacDonald's work is based on an exhaustive comparative examination of the economic biographies of the 55 members of the Constitutional Convention and the 1,750 members of the state ratifying conventions. His conclusion is that on the basis of evidence, Beard's economic interpretation does not hold. McDonald demonstrates conclusively that the interplay of conditioning or determining factors at work in the making of the Constitution was extremely complex and cannot be rendered intelligible in terms of any single system of interpretation. McDonald's classic work, while never denying economic motivation as a factor, also demonstrates how the rich cultural and political mosaic of the colonies was an independent and dominant factor in the decision making that led to the first new nation. In its pluralistic approach to economic factors and analytic richness, We the People is both a major work of American history and a significant document in the history of ideas. It continues to be an essential volume for historians, political scientists, economists, and American studies specialists. |
| 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. |
| 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. |
| economic interpretation of the constitution: An Economic Interpretation of the Constitution of the United States Charles Austin Beard, 1979 |
| economic interpretation of the constitution: An Economic Interpretation of the Constitution of the United States Charles Austin Beard, 1913 |
| economic interpretation of the constitution: To Form a More Perfect Union Craig R. Smith, 1993 This book presents research on the emergence of the Bill of Rights from the constitutional ratification debates through to adoption of the first ten amendments of the Constitution. Its aim is to answer the following questions: when did Americans first see the need for a Bill of Rights? Who provided the inspiration for its enactment? What were the circumstances that led to the proposing of a Bill of Rights? And why is it important for us to understand how our Bill of Rights came into existence? This study begins in Europe in 1456 with the historical framework that traces the evolution of the Bill of Rights; it ends with the ratification of ten amendments to the new United States Constitution in December of 1791. Co-published with the Center for First Amendment Studies. |
| economic interpretation of the constitution: Economic Origins of Jeffersonian Democracy Charles Austin Beard, 1915 |
| economic interpretation of the constitution: An Economic Interpretation of the Constitution of the United States Charles Austin Beard, 1944 |
| 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. |
| economic interpretation of the constitution: An Economic Interpretation of the Constitution of the United States Charles Austin Beard, 2013-09 This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ... CHAPTER V THE ECONOMIC INTERESTS OF THE MEMBERS OF THE CONVENTION Having shown that four groups of property rights were adversely affected by the government under the Articles of Confederation, and that economic motives were behind the movement for a reconstruction of the system, it is now necessary to inquire whether the members of the Convention which drafted the Constitution represented in their own property affiliations any or all of these groups. In other words, did the men who formulated the fundamental law of the land possess the kinds of property which were immediately and directly increased in value or made more secure by the results of their labors at Philadelphia? Did they have money at interest? Did they own public securities? Did they hold western lands for appreciation? Were they interested in shipping and manufactures? The purpose of such an inquiry is not, of course, to show that the Constitution was made for the personal benefit of the members of the Convention. Far from it. Neither is it of any moment to discover how many hundred thousand dollars accrued to them as a result of the foundation of the new government. The only point here considered is: Did they represent distinct groups whose economic interests they understood and felt in concrete, definite form through their own personal experience with identical property rights, or were they working merely under the guidance of abstract principles of political science? Unfortunately, the materials for such a study are very scanty, because the average biographer usually considers as negligible the processes by which his hero gained his livelihood. The pages which follow are, therefore, more an evidence of what ought to be done than a record of results actually... |
| economic interpretation of the constitution: An Economic Interpretation of the Constitution of the United States and the History of the United States Charles Austin Beard, 2016-10-29 An Economic Interpretation of the Constitution of the United States In this superb text, Charles Austin Beard meticulously and comprehensively analyses and explains the economic underpinnings of the United States Constitution. Examining the conditions which prevailed for all residents of the thirteen colonies in the late 18th century, Beard explains - among other things - the significant reservations and outright opposition to the Constitution many Americans felt at the time. Their concerns ranged from how the individual articles and provisions of the document may impact and even endanger livelihoods, to the precise wording behind each separate article. Together with his consideration of the economic activity and trade at the era, Beard considers the views of the Founding Fathers, many of whom had commented on aspects of the incipient Constitution. The ratification of the Constitution throughout the colonies, and the various obstacles which had to be overcome - in particular within the state of New York - are detailed. Popular votes were held in several of the states, the tallies of which are also included and broken down into separate voter blocs. This edition contains all the original tables and charts with no abridgement made to the text. Whether you are a general reader interested in the history of the U.S. Constitution, or a student or scholar of economics or law curious about the worldly context in which this historic document was written and implemented, Charles Austin Beard's valuable analysis is worthy of reading. History of the United States This superb history of the USA by Charles Austin Beard and his wife Mary Ritter Beard sequentially covers the nation's history from colonial times to World War I. First published in 1921, the book was lauded by critics as a perfect example of an introductory history to the United States of America. Well-researched at every juncture, the central thesis of this text is that economic power is what shapes the destiny and path of history. The book supports this hypothesis by referencing the emphasis on trade and commerce which accompanied the USA's rise. The authors also acknowledge the role personal ideologies and convictions have in history; an example of this being the Founding Fathers leading the revolt against Britain's colonial rule, essentially risking their lives and fortunes on a single, great gambit. Concurrent with the economic rise and territorial expansion which underscores the United States progress from colonial grouping to world power, the case for the gain of civil rights in areas which had previously not experienced them is put. At the time of writing, democracy had been broadly embraced, or at least tolerated, by all states in the continental USA as well as the colonial territories it had acquired overseas. The tone of the book is frank and straightforward, with a succession of points stated with clarity. The voices of the authors are seldom impinged by excursions into dry facts, over-explanation or tangential discussions. The sources drawn from are broad but authoritative, although certain opinions - namely that it was economics rather than the burning issue of slavery that was pivotal in causing the American Civil War - have fallen out of favor. This edition includes the original tables, appendices and notes found in the 1921 edition, letting the reader comprehend what is an accessible, high quality text which may be read either from start to finish or retained as a reference guide. |
| economic interpretation of the constitution: To Form A More Perfect Union Robert A. McGuire, 2003-03-27 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. |
| 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. |
| economic interpretation of the constitution: The Crisis of the Middle-Class Constitution Ganesh Sitaraman, 2017-03-14 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. A New York Times Notable Book of 2017 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. |
| economic interpretation of the constitution: An economic interpretation of the constitution of United States Charles Austin Beard, 1939 |
| economic interpretation of the constitution: The Heritage Guide to the Constitution David F. Forte, Matthew Spalding, 2014-09-16 A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation |
| 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. |
| economic interpretation of the constitution: The Classical Liberal Constitution Richard A. Epstein, 2014-01-06 American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic |
| 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. |
| 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. |
| economic interpretation of the constitution: The Cult of the Constitution Mary Anne Franks, 2019-05-14 “A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this 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. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments 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. |
| economic interpretation of the constitution: Charles Austin Beard Richard Drake, 2018-12-15 Richard Drake presents a new interpretation of Charles Austin Beard's life and work. The foremost American historian and a leading public intellectual in the first half of the twentieth century, Beard participated actively in the debates about American politics and foreign policy surrounding the two world wars. In a radical change of critical focus, Charles Austin Beard places the European dimension of Beard's thought at the center, correcting previous biographers' oversights and presenting a far more nuanced appreciation for Beard's life. Drake analyzes the stages of Beard's development as a historian and critic: his role as an intellectual leader in the Progressive movement, the support that he gave to the cause of American intervention in World War I, and his subsequent revisionist repudiation of Wilsonian ideals and embrace of non-interventionism in the lead-up to World War II. Charles Austin Beard shows that, as Americans tally the ruinous costs—both financial and moral—of nation-building and informal empire, the life and work of this prophet of history merit a thorough reexamination. |
| economic interpretation of the constitution: The Continental System Eli Filip Heckscher, 1922 |
| economic interpretation of the constitution: The Constitution Michael Stokes Paulsen, Luke Paulsen, 2017-01-03 The definitive modern primer on the US Constitution, “an eloquent testament to the Constitution as a covenant across generations” (National Review). From freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. Yet most of us know surprisingly little about the Constitution itself. In The Constitution, legal scholars Michael Stokes Paulsen and Luke Paulsen offer a lively introduction to the supreme law of the United States. Beginning with the Constitution’s birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors correct popular misconceptions about the Constitution and offer powerful insights into its true meaning. This lucid guide provides readers with the tools to think critically about constitutional issues — a skill that is ever more essential to the continued flourishing of American democracy. |
| 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 |
| 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. |
| economic interpretation of the constitution: The Economic Constitution of Federal States Albert Breton, Anthony Scott, 1978-12-15 A study of economic imperialism based on a theoretical inquiry into the most important research frontier in the scholarly field: the analysis of constitutions. The book evaluates constitutional arrangements by the degree to which they economize on the scarcity of resources available in any society, demonstrating a preference for constitutions that make governments efficient. |
| economic interpretation of the constitution: How Democratic Is the American Constitution? Robert A. Dahl, 2003-11-10 In this provocative book, one of our most eminent political scientists questions the extent to which the American Constitution furthers democratic goals. Robert Dahl reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and explores how we might alter our political system to achieve greater equality among citizens. In a new chapter for this second edition, he shows how increasing differences in state populations revealed by the Census of 2000 have further increased the veto power over constitutional amendments held by a tiny minority of Americans. He then explores the prospects for changing some important political practices that are not prescribed by the written Constitution, though most Americans may assume them to be so. |
| 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. |
| economic interpretation of the constitution: Liberty, Property, and the Foundations of the American Constitution Ellen Frankel Paul, Howard Dickman, 1989-01-01 Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index. |
| 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. |
| economic interpretation of the constitution: The Strategic Constitution Robert D. Cooter, 2020-06-30 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. |
| economic interpretation of the constitution: The Constitution of Liberty F.A. Hayek, 2020-06-29 Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines 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 distinction to those who confidently 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 remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom. |
| economic interpretation of the constitution: Commentaries on the Constitution of the United States Joseph Story, 1833 |
| economic interpretation of the constitution: The Anti-Oligarchy Constitution Joseph Fishkin, William E. Forbath, 2022-01-11 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. |
| economic interpretation of the constitution: Negotiating the Constitution Joseph M. Lynch, 2005 No concept sparks more controversy in constitutional debate than original intent. Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions. Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited. Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document--focusing on James Madison's changing views--as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation. |
| 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. |
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