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The Guardian of Every Other Right: A Constitutional History of Property Rights (Bicentennial Essays on the Bill of Rights) 3rd Edition

by James W. Ely Jr. (Author)
4.4 4.4 out of 5 stars 15 ratings
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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.
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  1. ISBN-10
    0195323335
  2. ISBN-13
    978-0195323337
  3. Edition
    3rd
  4. Publisher
    Oxford University Press
  5. Publication date
    November 30, 2007
  6. Language
    English
  7. Dimensions
    0.9 x 8.1 x 5.5 inches
  8. Print length
    240 pages
  9. See all details
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Editorial Reviews

Review

Acclaim for previous editions
"An informative and balanced account of the history of property rights protections under the Constitution."--The American Journal of Legal History

Acclaim for previous editions
"This slender volume should serve well on reading lists both in introductory American history courses and in upper-division legal history or constitutional law courses."--The American Historical Review

Acclaim for previous editions
"Greatly clarifies the pivotal place of private property in the American system. Through a sophisticated historical analysis, Ely illuminates two recurring issues of great importance: the constitutional limits on government regulation of property and the complex relationship between property ownership and individual liberty."--Norman Dorsen, New York University School of Law

Acclaim for previous editions
"A wonderfully compact odyssey through the history of constitutional protection for property rights in this country. Tracing the winding evolution of Supreme Court decisions that affected the uses and enjoyment of property, as well as the government's attempts to regulate the same, Ely constructs a comprehensive, yet surprisingly readable examination of the issues."--The Journal of Southern History

Book Description

A new edition of the comprehensive survey of the relationship between property rights and the Constitution.

Product details

  • Publisher ‏ : ‎ Oxford University Press; 3rd edition (November 30, 2007)
  • Language ‏ : ‎ English
  • Paperback ‏ : ‎ 240 pages
  • ISBN-10 ‏ : ‎ 0195323335
  • ISBN-13 ‏ : ‎ 978-0195323337
  • Item Weight ‏ : ‎ 10.9 ounces
  • Dimensions ‏ : ‎ 0.9 x 8.1 x 5.5 inches
  • Customer Reviews:
    4.4 4.4 out of 5 stars 15 ratings

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James W. Ely

James W. Ely

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Customer reviews

4.4 out of 5 stars
4.4 out of 5
15 global ratings

Top reviews from the United States

KP
5.0 out of 5 stars Very quick delivery
Reviewed in the United States on August 27, 2018
Verified Purchase
I got it very quickly. I really recommend.
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E. Raimondo
5.0 out of 5 stars Five Stars
Reviewed in the United States on September 2, 2015
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It looks great and arrived on time!
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MT57
5.0 out of 5 stars Concise, balanced historical primer
Reviewed in the United States on August 29, 2010
The published reviews present a fairly accurate picture of the book. First, it is concise, always appreciated in a dry subject.

Second, it is historical, not only in its order of presentation but also in the mode of analysis. It starts in the right place, America in the colonial period, and marches up to the 2006-07 Supreme Court term.It is blissfully, and I mean blissfully if you have read other works on this subject, free of lengthy disquisitions on the superiority or bankruptcy, depending on your point of view, of particular economic theories; and likewise blissfully free of cant, quack social science and meta-theoretical discussion that focus on academics' views far more than on actual events.

Last, it is fairly balanced, and certainly the most balanced treatment I can find out there. The other Amazon reviewer says that the author "wears his conservative heart on his sleeve" and I respectfully disagree. The author delivers his story very much in a "on the one hand, on the other hand" fashion. There are many, especially in the not for profit world, who would like to impose a Hegelian narrative on the subject laying out a teleological progress toward the elimination of any "reification" or "privileging" of private property rights in favor of a "redistributive constitutional regime" that has been interrupted by evil reactionaries who would return us to the era of 16 hour workdays and child labor. There are others who would have you believe that intelligent life peaked when Adam Smith wrote The Wealth of Nations and all economic regulation is foam from the mouth of raving Marxists. This author paints a much more factual and balanced picture, which is summed up in three sentences (page 9): "First, the framers ... envisioned some degree of federal judicial review of the substance of economic legislation." "Second ... the relegation of property rights to a lesser Constitutional status is not historically warranted." "Third, the Constitution seeks to protect several fundamental values, including economic interests, but property is not entitled to preferential treatment." That sort of analysis may not be intellectually satisfying, as it tells you absolutely nothing about how to reconcile conflicts among various claims grounded in the text of the Constitution, but is a fairer synthesis of the history of the subject than either ideological extreme can fashion. The history of the application of the Constitution to property rights by all three branches of the federal government and by state governments as well is plainly incoherent and it is wishful thinking in service of ideological ends to believe otherwise. There is nothing to connect the application of the Constitution to property rights prior to "the switch in time that saved nine" to how it was applied afterwards that can produce a single coherent intellectual framework. But that is history and what we are stuck with intellectually today.
10 people found this helpful
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Edward Cline
5.0 out of 5 stars A great introduction to Constitutional law and the history of property rights
Reviewed in the United States on May 14, 2014
James W. Ely, Jr., wrote a gem of a history of the Constitution that focuses almost exclusively on the treatment of property rights, from colonial times to the present, The Guardian of Every Other Right: A Constitutional History of Property Rights. It is one of the handiest and briefest digests of the history of property rights vis-à-vis federal and state courts and legislative acts I've come upon, written in clear, succinct language. For anyone imbued with the ambition to tackle The Federalist, the Constitutional Convention debates, and the papers of Founders such as Thomas Jefferson, James Madison, and Alexander Hamilton, Ely's book can serve as a nonpareil introduction to the subject of property rights in a political context.
3 people found this helpful
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