Locke, Jefferson and the Justices

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ISBN: 9781892941961 | 1892941961
Cover: Paperback
Copyright: 2/1/2002

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America?s first question to give more power to the individual, or to a central power? set the stage for an ongoing struggle between the Feds, the States and the Citizen. The balance of power is certainly shifting as we enter the 21st century. Upcoming Supreme Court appointments are a major weapon in this struggle. George Stephens shows how far we have come from the Founders? original intentions

Preface	p. 1
Introduction: Foundations and Failures of the Us Government	p. 5
The Importance of Locke's Second Treatise	p. 7
Cycles	p. 9
Supreme Court Restoring the Constitution	p. 12
The Spirit of American Rights
Restrictions on Government	p. 13
Locke's Contributions to Our Form of Government	p. 17
The Special Importance of Property Rights	p. 22
Liberals and Conservatives	p. 27
John Locke: Founder of the Founders
Locke's Place Among Philosophers of Government	p. 29
Locke's Life	p. 31
Locke on Education and Religious Tolerance
His Essays	p. 35
Educational Theories	p. 36
His Views on Religion	p. 39
Jefferson: Locke's Disciple
Brief Biography	p. 43
Jefferson's Beliefs	p. 45
The Revolution Begins	p. 49
Jefferson, Locke, and the Declaration of Independence
Prelude to the Declaration	p. 53
The Indictment of George III	p. 56
Independence!	p. 58
Locke in the Constitution
Shortcomings of the Articles of Confederation	p. 61
The Constitutional Convention of 1787 Debating a New Form of Government	p. 63
The Organization of Government	p. 66
The Great Compromise on Legislative Representation	p. 68
First Draft of the Constitution	p. 70
The Final Draft	p. 73
Adoption and Ratification
Adoption, Without a Bill of Rights	p. 75
Ratification	p. 77
Our Bill of Rights
Sources of the Bill of Rights	p. 79
The Heart of the Bill of Rights	p. 81
Rights and Powers of the People and States	p. 82
Jefferson and Hamilton
Beginning of the Rights Cycle	p. 85
Jefferson's Views	p. 87
Hamilton's Mistrust of the People	p. 87
Limited vs. Powerful Government	p. 89
A Political Deal	p. 91
Hamilton's National Bank	p. 91
General Welfare Clause	p. 92
Alien and Sedition Laws	p. 93
Jefferson Victorious	p. 94
Jefferson's Minimalist Government
Jefferson's Program	p. 97
Strict Construction	p. 98
Supreme Court Established as Interpreter	p. 101
Civil War Fought for Lockean Principle	p. 103
The Era of Substantive Due Process
Rights At the End of the 19th century	p. 105
Beginning of the Era	p. 106
Property Rights Setback	p. 108
Right to Make a Living Is Fundamental	p. 109
Justice Holmes, Dissenter	p. 111
Labor Protected by Contracts	p. 114
Substantive Due Process Said to Be "Discredited"	p. 117
The Progressives
Rights in 20th Century	p. 119
The Progressives	p. 120
The World Adopts, We Abandon	p. 123
From Lochner to Mrs. Dolan: the 20th Century
Abandonment of Property Rights	p. 125
"Rational Relation" Doctrine	p. 127
Substantive Due Process Ends	p. 131
Abandonment and Restoration	p. 133
Fallacy of the "Living Constitution"	p. 135
How We lost Rights, in a Footnote
Butler Case	p. 139
"Footnote 4"	p. 140
Events Leading to the Loss of Rights	p. 140
Harding and the 1920 Recession	p. 142
FDR Extends the Depression	p. 143
"Switch in Time Saves Nine"	p. 145
"Tortured" Constitution	p. 147
Locke Makes a Comeback
A Hint of Rights Restoration	p. 149
Spearhead Reformer	p. 150
An Economist President	p. 152
Reform's Results	p. 153
George H. W. Bush's Failures and Successes	p. 155
Clinton, Technocrat	p. 156
The Regulation Rebellion
The Contract with America	p. 157
Regulation, the Hidden Tax	p. 158
What It Costs Us	p. 160
A Better Way	p. 161
The Volunteers
Government is Poor Help for the Poor	p. 165
From Public to Private Charity	p. 168
Trickle-Down Economics
Government Trickles Benefits	p. 171
Federal Job Programs	p. 173
The Low Cost of Constitutional Government	p. 173
Power to Tax and Spend	p. 176
Hamilton Prevails	p. 178
Constitutional Authority for Bills	p. 179
Property Rights Given New Life	p. 179
Attempted Injunction	p. 180
Locke's Ideas Still Work	p. 183
Restoring the Constitution's Primacy	p. 185
Cleaning Up Government Spending	p. 186
Cleaning Up the Tax Structure	p. 187
Reducing Regulation	p. 189
Constitutionality Review	p. 190
The Supreme Court	p. 191
Endnotes	p. 197
Bibliography	p. 199
Index	p. 205
Table of Contents provided by Syndetics. All Rights Reserved.

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Locke, Jefferson and the Justices

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