Contemporary law schools rarely teach property in ‘property class.’ Rather, they teach how to balance state interests with private property interests. Reflection on Madison’s essay Property elucidates the problematic shift in American political thought away from an understanding of property as rooted in fundamental rights toward property as rooted in interests. Madison begins his discussion […]
Tocqueville and Separation of Church and State: A Critique
While Alexis de Tocqueville’s Democracy in America (1835) has undeniably contributed to a robust understanding of American culture, his description of American political principles misinterprets the origins of the separation of church and state. Tocqueville focuses on Puritan influence on American political thought, concluding that Puritans’ love of liberty inspired American religious liberty and American […]
