“Intellectual freedom cannot exist without political freedom; political freedom cannot exist without economic freedom; a free mind and a free market are corollaries.” – Ayn Rand, 1963*

At the end of Ayn Rand’s prophetic 1957 novel, Atlas Shrugged, a judge who is on strike with other producers against a future, nightmarish state of America (echoes of Obama) and has disappeared with them into a Rocky Mountain sanctuary, is at work. Before him is a “copy of an ancient document [the Constitution]. He had marked and crossed out the contradictions in its statements that had once been the cause of its destruction. He was now adding a new clause to its pages: ‘Congress shall make no law abridging the freedom of production and trade…'”

I am sure that Rand scoured the Constitution for its virtues and flaws, and very likely read books on its history. But I am not so certain she ever did a study of state constitutions. One of the contradictions she does not allude to in the novel is the authority which that “ancient document” bestowed on the states at ratification to “regulate” their economies, production, and trade, which power the federal government was prohibited, in many instances, from interfering with. Had that issue occurred to Judge Narragansett, he might have added another clause: “Congress shall have the power to nullify states’ laws abridging the freedom of production and trade within their boundaries….” Or words to that effect.

James W. Ely, Jr., wrote a gem of a history of the Constitution that focuses almost exclusively on the treatment of property rights, from colonial times to the present, The Guardian of Every Other Right: A Constitutional History of Property Rights. It is one of the handiest and briefest digests of the history of property rights vis-à-vis federal and state courts and legislative acts I’ve come upon, written in clear, succinct language. For anyone imbued with the ambition to tackle The Federalist, the Constitutional Convention debates, and the papers of Founders such as Thomas Jefferson, James Madison, and Alexander Hamilton, Ely’s book can serve as a nonpareil introduction to the subject of property rights in a political context.

Ely underscores on virtually every page that not only was Congress guilty of violating individuals’ property rights by abridging the freedom of production and trade, but that, for the longest time, it was the states that were the greater and more frequent violators and usurpers.