Bernard H. Siegan, the pioneering classical-liberal legal scholar whose studies of the U.S. Constitution and zoning struck important blows in the defense of private property, died last week at the age of 81. The libertarian journalist Alan Bock called Siegan One of the most persistent and quietly influential advocates of freedom in this country. As the New York Times stated in its obituary, Professor Siegan was best known for his ardent libertarian views on economic matters, and on property rights in particular. In his many books and articles, he maintained that the Constitution protected what he called the 'economic liberties' of individuals. The courts, he argued, should return to their pre-New Deal stance of enforcing such liberties. Though Professor Siegan had his defenders, some conservatives considered his views extreme, seeing him as a 'judicial activist' who thought the courts should invalidate much of the economic and social legislation of the modern era.
Siegan was the author of such important books as Land Use Without Zoning (1972), Drafting a Constitution for a Nation or Republic Emerging into Freedom (1992), and Economic Liberties and the Constitution, which, first published in 1980, was published in a revised second edition last year. Siegan also wrote for The Freeman.
FEE Timely Classic
Promote Free and Not Command Constitutions by Bernard H. Siegan
Also see New York Times obituary