The Guardian of Every Other Right

The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.

This volume investigates the place of economic and property rights in the American Constitutional system. Themes examined include the link between private property and political liberty, and the extent to which the US government may interfere with private contracts and the use of property. This second edition has been revised to reflect the major legal developments in the field of property rights since the first edition appeared in 1991. Particular attention is paid to Supreme Court decisions which have enlarged the protection afforded property owners under the fifth amendment, and the increased political clout of the private property movement.