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Feb 21, 2012

Highways to Hell

by Michael S. Greve / 2 Comments

Filed Under: American Energy and Infrastructure Jobs Act, bridge to nowhere, Highway Trust Fund, Senator Jim Demint

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The federal Highway Trust Fund needs another bailout (upwards of $8 billion). It is facing insolvency some time in 2013, and it needs reauthorization by the end of March. The House is working on a bill menacingly entitled the American …

Feb 20, 2012

Defining Judicial Power I: From “Merely Judgment” to “Force” and “Will”

by James Stoner / 2 Comments

Filed Under: Alexander Hamilton, Federal Jurisdiction, John Marshall, Judicial Implementation, Judicial Interpretation, Judicial Review

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In a famous passage in The Federalist, Alexander Hamilton wrote of the federal judiciary that it would have

 no influence over either the sword or the purse; no direction either of the strength or of the wealth of the

…

Feb 20, 2012

The One and Only Richard Epstein

by Mike Rappaport / 0 Comments

Filed Under: No Tags

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Can anyone make as powerful a point as quickly and eloquently as Richard?

On health care.

On income inequality.

But law professors, at least,  know that these are par for the course for Richard.…

Feb 19, 2012

Self-Government and Judicial Imposition

by David Conway / 2 Comments

Filed Under: Bideford Town Council, British High Court, Matthew Arnold

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Last week, a dispute was resolved in the English High Court between Bideford Town Council and one of its a former councillors backed by the National Secular Society. The two latter had taken the council to court to contest its …

Feb 19, 2012

Statism III

by Mike Rappaport / 10 Comments

Filed Under: Cognitive Biases, Statism

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In my first post on statism, I defined the concept as an excessive and harmful embrace of the power of the state.  In my second post, I attempted to show statism functions as a bias in economics – the …

Feb 18, 2012

Hadley Arkes: Could We Be in Heated Agreement?

by Hadley Arkes / 1 Comment

Filed Under: Constitution, Fourteenth Amendment, Natural Law, Positivism

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Once again I appreciate Michael Ramsey’s thoughtful comments as he extends the discussion of natural law and the Constitution.   We will have the chance to move even further into this discussion when he joins us, in March in Washington, in …

Feb 18, 2012

Further Thoughts on Hadley Arkes and Natural Law Constitutionalism

by Michael D. Ramsey / 3 Comments

Filed Under: Constitution, Fourteenth Amendment, Natural Law, Positivism

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Professor Ramsey has posted the following response on the Originalism blog to Hadley Arkes’ earlier reply to Ramsey’s review of Constitutional Illusions and Anchoring Truths. Liberty Law Blog thought it would be of further interest to post this interesting …

Feb 17, 2012

Breitbart on Libertarians and Conservatives

by Mike Rappaport / 53 Comments

Filed Under: Conservatism, Libertarianism

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Over at Reason, they have a review of Andrew Breitbart’s speech to CPAC:

Breitbart, who admits to having libertarian leanings, thinks libertarians should not be discouraged by the media’s portrayal of the conservative movement. “[Libertarians] don’t want to be …

Feb 17, 2012

We the People, Part II: Constitutions, Competition, and Cartels

by Michael S. Greve / 7 Comments

Filed Under: Ashley Parrish, Competitive Constitution, Donald Horowitz, Federalist Papers, John Jay, Robert Gasaway

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Providence has been pleased to give this one connected country, one united people; a people descended from the same ancestors, speaking the same language, professing the same religion, attached to the same principles of government, very similar in manners and

…

Feb 16, 2012

We the People, Part I: Them the Complications

by Michael S. Greve / 7 Comments

Filed Under: Adam Liptak, Constitutionalism, David S. Law, Mila Versteeg, U.S. Constitution

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Mike Rappaport’s Feb. 7 post flagged a New York Times piece by Adam Liptak, headlined “’We the People’ Loses Appeal With People Around the World.” The article summarized a study by David S. Law and Mila Versteeg, purporting to …

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