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Private Property and the Constitution

State Powers, Public Rights, and Economic Liberties

By: James L. Huffman

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Hardcover | 5 December 2013 | Edition Number 1

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The right to private property remains a compelling topic within American government, constitutional law, and both political and legal philosophy. Constitutional constraints and allowances regarding private property lead to the use - and sometimes abuse - of law in terms of ownership, individual liberty, and the needs of the state. With state and federal statutes allowing for vast oversight of private property, concerns over the proper use of authority abound on domestic and national levels. In Private Property and the Constitution, James L. Huffman outlines instances where police power, eminent domain law, and property rights have clashed in the courts. Addressing contemporary court cases, federal and state statutes, and the philosophical underpinnings of economic liberties, Huffman provides a careful analysis of private property rights within the framework of the Constitution - detailing how government interacts with public rights both successfully and unsuccessfully.

Industry Reviews

"Huffman's fine book applies keen scholarship infused with personal experience to provide a cogent and compelling justification for property rights. Court opinions and academic writing have long suffered from obtuse reasoning that removed constitutional protection from one of the rights most essential to a free society. Huffman exposes the fallacies in this reasoning and explains what is needed to restore property rights to their proper place under the Constitution." William H. Mellor, President and General Counsel, Institute for Justice, USA

"Armed with a lifetime of thinking, writing, and teaching about property rights, Huffman draws it all together here with a thorough and systematic analysis of his subject. Readers will leave this book armed for the battles that lie ahead to restore the right that is the very foundation of our liberties." Roger Pilon, Vice President for Legal Affairs, Director, Center for Constitutional Studies, Cato Institute, USA

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