Although there are many scholarly treatments of the Founders’ understanding of property and economics, few of them present an overview of the complete package of the principles and policies upon which they agreed. Even the fact that there was a consensus among the Founders is often denied. Government today has strayed far from the Founders’ approach to economics, but the older policies have not been altogether replaced. Some of the Founders’ complex set of policies to protect property rights are still in force. America has abandoned the Founders’ views on the gold and silver standard, the prohibition of monopolies, the presumption of freedom to use property as one likes, freedom of contract, and restricting regulation to the protection of health, safety, and morals. But in other respects, America continues to offer a surprising degree of protection to property rights in the Founders’ sense of that term
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Supreme Court justices are pushing back on state efforts to exclude families who want to use school choice to send their children to religious schools.
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