Private Property and the Limits of American Constitutionalism

The Madisonian Framework and Its Legacy

By: Jennifer Nedelsky

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Paperback | 1 April 1994 | Edition Number 1

At a Glance

Paperback
357 Pages

Edition Type
New edition

Dimensions(cm)
22.8 x 15.2 x 1.9

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The United States Constitution was designed to secure the rights of individuals and minorities from the tyranny of the majority--or was it? Jennifer Nedelsky's provocative study places this claim in an utterly new light, tracing its origins to the Framers' preoccupation with the protection of private property. She argues that this formative focus on property has shaped our institutions, our political system, and our very understanding of limited government.

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Acknowledgments
Introduction
Private Property and American Constitutional Government
The American Conception of Limited Government
The Lessons of the Formation
The Focus on the Framers: Madison, Morris, and Wilson
The Structure
The Madisonian Vision: The Republican Solution to the Republican Problem
The Dilemma of Republican Government
The Republican Solution to Republican Problems
Conclusion
Aristocratic Capitalism: The Federalist Alternative of Gouverneur Morris
The Priority of Property in the Market Republic
Divisions in Society: The Poor versus the Rich
The Institutions of Government
Political Liberty in a Commercial Republic
Property as Boundary
The Clarity of Singlemindedness
The Democratic Federalist Alternative: James Wilson and the Potential of Participation
Philosophical Foundations
The Objects of Government
The Principles of Government
The Institutions of Government
Democratic Injustice and Democratic Participation
The Madisonian Constitution
Class, Power, and the Hierarchy of Rights
The Neglect of Self-Governance
The Limitations Confirmed: The Anti-Federalist Perspective
The Madisonian Constitution: Republican or Liberal?
The Conceptual Framework
Judicial Review: The Consolidation and Transformation of the Madisonian Framework
Afterword
The Legacy of the Formation and the Limits of American Constitutionalism
The Madisonian Conceptual Legacy: Private Property, Inequality, and the Distortion of the Republican Problem
The Failure of Public Liberty
Economic and Political Power
The Puzzle of Property
The Disintegration of Property as Limit
Reform through Redefinition
The Mythic Power of Property
The Egalitarian Challenge
Foundations of Constitutionalism Works Frequently Cited
Notes
Index
Table of Contents provided by Publisher. All Rights Reserved.

Private Property and the Limits of American Constitutionalism

The Madisonian Framework and Its Legacy

At a Glance

Paperback

Shipping

How to return your order

Defective items

You Can Find This Book In

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