Economic Liberties And the Constitution

In Economic Liberties and the Constitution Siegan 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.

Acknowledgments

ix

Introduction

xi

The Magna Carta

1

(10)

Protection of Material Rights Prior to the Ratification of the Constitution

11

(48)

Framing a Constitution to Secure Liberty

59

(28)

Judicial Interpretations of Due Process Prior to the Framing of the Fourteenth Amendment

87

(20)

Substantive Due Process Decisions 1905-1937: Lochner v. New York (1905)

107

(68)

Professor Christopher Wonnell

West Coast Hotel Co. v. Parrish et al. (1937)

Nebbia v. New York (1934)

New State Ice Co. v. Liebmann (1932)

Destroying the Original Constitution

175

(16)

The New Deal Justices Reinterpret the Constitution

191

(18)

U.S. Supreme Court Refuses to Reverse Economic Liberties Decisions and Strikes Down Commerce Clause Decisions

209

(18)

Failures of Statism in the United States and its Collapse Elsewhere in the World

227

(36)

Economic Success: Germany (Come and Gone), Ireland, China, and Vietnam

263

(40)

Recent Decisions That Do Not Apply Due Process or Equal Protection to Protect Economic Liberties

303

(100)

Dolan v. City of Tigard (1994)

BMW of North America, Inc. v. Gore (1996)

Allied Structural Steel Co. v. Spannaus (1978)

C & A Carbone, Inc. v. Town of Clarkstown (1994)

44 Liquormart, Inc. et al. v. Rhode Island et al. (1996)

Some Lower Courts Strike Down Economic Legislation, but Supreme Court Changes Uncertain

403

(16)

Epilogue

419

(2)

Index

421

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Economic Liberties And the Constitution

Summary

Table of Contents

Supplemental Materials