PropertyProf Blog

Editor: Stephen Clowney
Univ. of Arkansas, Fayetteville

A Member of the Law Professor Blogs Network

Tuesday, May 3, 2011

Ely on the Constitution, Property Rights, and Economic Liberty

165photo James Ely (Vanderbilt) has posted The Constitution and Economic Liberty (Harvard Journal of Law and Public Policy) on SSRN.  Here's the abstract:

This essay addresses the relationship between the Constitution and Bill of Rights and the concept of economic liberty. It calls into question the famous quip of Justice Holmes in Lochner v. New York (1905) that the Constitution was not intended “to embody a particular economic theory.” The essay contends that the framers of the Constitution clearly envisioned a constitutional order grounded on private property and a market economy. To this end, many provisions of the Constitution pertain to property interests and economic activity. It concludes that, although the Constitution does not endorse a laissez-faire regime, Holmes was wrong to suggest that the Constitution was entirely neutral with respect to economic policy. In fact, the framers favored a free market and sought to protect property and contractual rights.

Steve Clowney

http://lawprofessors.typepad.com/property/2011/05/ely-on-the-constitution-property-rights-and-economic-liberty.html

Property Theory, Recent Scholarship | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef014e883890d0970d

Listed below are links to weblogs that reference Ely on the Constitution, Property Rights, and Economic Liberty:

Comments

Post a comment