Property ownership is a complex and a serious issue all over the world. In United States also, it is considered as a serious issue. There are few controversies on this issue from the beginning. From the beginning means that from the colonial rule to the present day, the ownership of land is though to be a controversial and contentious issue.
The book deals with the subject very thoroughly and gives an overview of the laws, ideologies and politics involve in this issue. And also the political and economical change that occurs due to the land and property issue and how these changes affect the constitution and the thoughts behind the constitution. The write provided a clear and comprehensive view about the historical prospective of the property rights issue. How these property right issues were resolved in the colonial rule and also in the democratic issues.
According to Ely, there is a link between the private property rights and the political scenario or the political autonomy, because these issues cannot be resolved without the help of government. Government must interfere with people and public to make their contracts and to put some conditions before the transfer of any property. The laws and private contracts were modified as the US society and politics became modernized and industrialized.
The writer highlighted and explained the constitutional standing and laws over the property issues. The constitution does provide some rules and rights over the property owners. As US got industrialized, the laws and legal developments were made during 1990's. The writer focused his attention and gave his views about those property rights which were provided legally to the property owners.
He discussed in detail about the judicial decisions and the important legislations that took place in 1990's regarding the property rights. The decisions that were taken by the legislators and the explanations which were further made on the same regard, all are discussed by the writer.
The writer himself seems to have a lot of knowledge about the legislations and laws for property rights. The writer's knowledge and comprehension about the subject plays an important role in any book. Writer can explain and express his ideas in a better way if he/she holds a command over the subject. Ely tells about the legal developments and enhancements made during the last era over the property rights.
Supreme Court paid special attention to the issue and tried to introduce some amendments in the law so that public can easily go through these cases. The main emphasis was to cut this process shorten so that the time and money of people could be saved.
Due to Supreme Courts final decisions in some cases, people felt the need of some laws or amendments in the previous laws for the protection of property and also the property owners. This came under the Fifth Amendment. The important thing over here is that the role of Federal Authority was examined and public became curious that what the Federal Authority has to do with these laws and what is their stance over the issue. Their role was examined mainly in context of commerce clause and also the noticeable advancements made at the state level.
The book gave a clear picture and a complete knowledge about the history and innovations in the property laws under the Constitution. The information is provided over
The Guardian of Every Other Right", book is written by James W. Ely. The complete name of the book is "The guardian of Every Other Right - A Constitutional History of Property Rights. As the name suggests it deals with the property rights and constitution…
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