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Constitutional Law

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Selected Works

2018

Rawls

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The Property Question.Pdf, William A. Edmundson Apr 2018

The Property Question.Pdf, William A. Edmundson

William A. Edmundson

The “property question” is the constitutional question whether a society’s basic resources are to be publicly or privately owned; that is, whether these basic resources are to be available to private owners, perhaps subject to tax and regulation, or whether instead they are to be retained in joint public ownership, and managed by democratic processes.  James Madison’s approach represents a case in which prior holdings are taken for granted, and the property question itself is kept off of the political agenda.  By contrast, John Rawls approach abstracts from any actual pattern of holdings, while putting the property question on the …

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Theorizing American Freedom (Review Essay), Anthony O'Rourke Apr 2018

Theorizing American Freedom (Review Essay), Anthony O'Rourke

Anthony O'Rourke

This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion and …

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The Property Question.Pdf, William A. Edmundson Dec 2017

The Property Question.Pdf, William A. Edmundson

William A. Edmundson

for presentation at the Property and Political Economy Conference at the Smith Institute,
Chapman University, April 20-21, 2018
The “property question” is the constitutional question whether a society’s basic resources are
to be publicly or privately owned; that is, whether these basic resources are to be available to
private owners, perhaps subject to tax and regulation, or whether instead they are to be
retained in joint public ownership, and managed by democratic processes. James Madison’s
approach represents a case in which prior holdings are taken for granted, and the property
question itself is kept off of the political agenda. By …

Go to article