Some doubts on constitutional indeterminacy

Article Abstract:

The complexities faced in developing coherent theories of constitutional interpretation are a result of manipulations that have occurred to justify big government and limited property rights protections. The Framers of the Constitution were committed to limiting the power of government and protecting individual property rights. 20th century interpretations of the Commerce Clause and the Takings Clause have departed from these principles. The apparent indeterminacy of the Constitution regarding these matters was used to depart from precedent.

Laws, regulations and rules, Law, Nuisances, Nuisance, Legal language

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Externalities everywhere? Morals and the police power

Article Abstract:

Eric Rasmusens's view of the discipline of law and economics is overbroad in its acceptance of the social value of morally or socially based regulations as means to adjust negative externalities. Negative externalities which cannot support regulations affecting the economic sector should not be found to support regulations in the social sector. Coerced behavior resulting from regulation in areas such as family-leave and antidiscrimination does not result in positive externalities superior to consensual contractual relations.

Ethical aspects, Criticism and interpretation, Externalities (Economics), Law and economics, Law and economics (Jurisprudence), Police power, Rasmusen, Eric

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The indivisibility of liberty under the Bill of Rights

Article Abstract:

A unified approach to fundamental rights is needed so that both liberty and property rights are protected. Regarding liberty as more fundamental than other rights is dangerous. Property rights, freedom of speech and religious liberty are interconnected. For example, respect for the property rights of newspaper publishers and religious organizations helps to promote freedom of speech and religious liberty. This is why a comprehensive interpretation of the Constitution is important.

Political aspects, Civil rights, Right of property, Property rights

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