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By Ellen Frankel Paul, Howard Dickman

Here's what the Framers of the structure considered fiscal rights. to the present debate over constitutional interpretation, this booklet provides a dispassionate exam of our beginnings. It specializes in the philosophical, political, and social currents that motivated the concept and behaviour of the Framers. What was once the connection among estate rights and liberty? How very important to the Framers used to be the safety of monetary liberties? In what methods does the structure safeguard those liberties? was once the structure a rfile cast with the motive of securing what might later be known as a capitalist approach? Or have been the Framers basically focused on selling a society established upon civic advantage? those are a number of the significant issues that the authors of this quantity deal with.

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Extra info for Liberty, Property, and the Foundations of the American Constitution

Sample text

That is not a just government, nor is property secure under it, where arbitrary restriction, exemptions, and monopolies deny to part of its citizens that free use of their faculties, and free choice of their occupations, which not only constitute their property in the general sense of the word; but are the means of acquiring property strictly so called. . If there be a government then which prides itself on maintaining the inviolability of property; which provides that none shall be taken directly even for public use without indemnification to the owner, and yet directly violates the property which individuals have in their faculties; nay more, which indirectly violates their property in their actual possessions, in the labor that acquires their daily subsistence, and in the hallowed remnant of time which ought to relieve their fatigues and soothe their cares, the inference will have been anticipated, that such a government is not a pattern for the United States.

On July 4, 1783, for example, John Warren, Boston's most prominent physician, articulated the widely shared apprehension that an excess of liberty would lead to economic inequality of a sort deleterious to the public good. Although a commonwealth should ideally facilitate the pursuit of commercial gain, he argued, acquisition of property and the achievement of prosperity tended to stratify society. When "the riches of the state become accumulated in the coffers of a few," republican egalitarianism (equality of condition) would inevitably be lost.

Although a commonwealth should ideally facilitate the pursuit of commercial gain, he argued, acquisition of property and the achievement of prosperity tended to stratify society. When "the riches of the state become accumulated in the coffers of a few," republican egalitarianism (equality of condition) would inevitably be lost. "The passions of the great almost invariably extend to the body of the people, who to gratify an unbounded thirst for gain, are ready to sacrifice every other blessing to that.

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