A modern welfare state works directly against that capacity by encouraging ties of hierarchical dependence on political authorities.
The wild increase in laws and more importantly, administrative agency rules, does not translate into the rule of law, but into the selective enforcement of special programs by those entrusted to administer them. There is another fallacy: If a nation can simply find a source of secured revenue, it can fund anything. In order to capture oil revenues, what did the once-popularly elected Hugo Chavez have to do?
In writing this, people should know that I am a friend of decentralization, a believer in federalism, and usually very much inclined to favoring local control even up to the point of secession in many instances.
The country that did so much to inspire the world with an understanding of self-government appears to have forgotten its own heritage. All those who favor Scottish independence will have to regard more than political self-government if self-government is to succeed in anything but name.
A clue to the possible results discussed in this post may lie in whether or not the commonalities (not homogeneity – commonalities) of individual interests will be more pervasive in an independent Scotland than in the Scotland within the Union. They do put them on two legs at a time AND they do it on horseback – Mel Gibson told me so!!!
This podcast with criminologist Barry Latzer focuses on the surprising findings in his latest book, The Rise and Fall of Violent Crime in America.
This episode of Liberty Law Talk is a conversation with congressional scholar Louis Fisher on his recent book, Congress: Protecting Individual Rights. Whit Stillman made his name in 1990 with Metropolitan, an Oscar-nominated low-budget charmer that remains fresh and enjoyable today. The Online Library of Law and Liberty’s focus is on the content, status, and development of law in the context of republican and limited government and the ways that liberty and law and law and liberty mutually reinforce the other. Fair Use: This material is put online to further the educational goals of Liberty Fund, Inc. This page links to the primary sources at The Founder's Constitution website (jointly hosted by the University of Chicago and Liberty Fund) and follows the structure of volume I of the paperback book published by Liberty Fund. 8.Instructions to the Delegates from Mecklenburg, North Carolina, to the Provincial Congress at Halifax, 1 Nov. 15.The Address and Reasons of Dissent of the Minority of the Convention of Pennsylvania to Their Constituents, 18 Dec. 2.Pelatiah Webster, Remarks on the Address of Sixteen Members of the Assembly of Pennsylvania, 12 Oct. 1.Clement Walker, Relations and Observations, Historicall and Politick upon the Parliament Begun Anno Dom. 4.The Concessions and Agreements of the Proprietors, Freeholders, and Inhabitants of the Province of West New-Jersey, 3 Mar. 7.Massachusetts House of Representatives, Circular Letter to the Colonial Legislatures, 11 Feb. 18.Massachusetts Constitution, A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts, 2 Mar.
14.Remonstrance and Petition of the Free Inhabitants of Lunenberg County, Virginia, 29 Nov.
17.Noah Webster, An Examination into the Leading Principles of the Federal Constitution, 10 Oct.
13.Massachusetts House of Representatives, Circular Letter to the Colonial Legislatures, 11 Feb. 18.Noah Webster, An Examination into the Leading Principles of the Federal Constitution, 10 Oct. Watching the unnecessary dramas that recently unfolded in Indiana and other states, one thing is clear: the landscape of protecting religious liberty has changed. State legislatures no longer have the option of considering if LGBT rights should be recognized. Legislators do still have the power to calibrate a balance between LGBT rights and those of religious believers. Last month, in Utah, by recognizing that the rights of some cannot and should not be acquired at the expense of others, we found a balanced and equalizing solution to squaring religious liberty with LGBT non-discrimination. As chief sponsor of the two bills forming the Utah Compromise for antidiscrimination and religious liberties, I carried away a number of lessons that have become all the more poignant as I watch what has been unfolding in Indiana, Georgia, and elsewhere. Legislative negotiations are a considerably better vehicle to protect and define those values than decisions from the benches. Once a judicial decision dictates a particular outcome for any issue, the urgency for reaching compromises that benefit both sides dissipates at best, and often is entirely disregarded as the victorious side no longer has any incentive to bargain.
The reality, however, is that decisions and about gay rights and religious liberty are going to be made.
Ask yourself: How is trying to hold the existing religious liberty line against our rapidly changing social norms—a line that may be erased in the flash of a judicial pronouncement—more advantageous than adopting a pragmatic legislative compromise that would eliminate rather than provoke litigious contention in the first place? The bill also protects LGBT individuals from discrimination in employment and housing based on their sexual orientation or gender identity. The second bill, SB 297, protects the character of faith communities and the buildings and property they own by allowing them the discretion to perform, and celebrate, marriages consonant with their faith. And perhaps the most unique provision of SB 297 is that it provides guaranteed access to marriage—same-sex or traditional—by ensuring that a willing state-authorized celebrant is available to any couple who asks to be married.
As in many other states, a federal judge struck Utah’s ban limiting marriage exclusively to marriages between a man and a woman. There are many who recognize the simple elegance of the solution, from political leaders like Jeb Bush and President Obama, to thought-leaders from the Church of Jesus Christ of Latter-day Saints, Brookings Institution, Wall Street Journal, Washington Post, Time magazine, the New York Times, and the First Amendment Center. Utah has found an innovative, resourceful solution that is being lauded as a model for legislatures across the country.
I hope my legislative colleagues in other states see the virtues in reaching compromises like the one reached in Utah. You and your colleagues are to be commended for fashioning what appears to be a reasonable compromise AND for the effort to remove this issue from the grasping hands (minds?) of the Judicial Branch. I notice, however, that protections for the LGBT’s is specifically limited to housing and employment. Again, commendations to you for the effort; I am not so salient on the prospects of it being the final word in the face of a determined and vocal group (perhaps from outside the State of Utah) that will view this well crafted compromise as insufficient.


If a paramedic declares that he has religious objections to having contact with an unrelated female, or to providing blood transfusions, I’d like the emergency services people to ask him to explain how his views are compatible with performing his job – and to find substitute paramedics if they aren’t compatible. If it becomes widely known that the Dean of Admissions at the University of Utah is also the Grand Wizard of the KKK, this might prove to be relevant to the university’s ability to attract (and select) students, even if the KKK business is all done on his spare time.
As for our Grand Kleagle (or whatever it is that they call themselves), this is a bit more interesting. We may just as well begin to discharge the Dean of the Physics Department at Stanford because he watches Ancient Aliens and believes that there are *visitors* amongst us – yet the Dean is a fabulous scientist. It would be better if in our country, as well as in others, to learn not to compromise when it comes to issues of sexuality, as well as issues of truth, and be prepared to live in a world that will be ruled by the Messiah. I’m not a lawyer, but I have read a lot about the activities that lead up to the Declaration of Independence, and to me it seems obvious to me at least that this kind of issue has a straightforward problem and solution. Instead of writing up your terms of surrender, you can write a petition for redress of grievances.
Fortunately, the Framers included in the Constitution another instrument for handling constitutional issues when the government is unable or unwilling to. A petition (essentially a type of suit) that claims that the cause of grievances lies in the characters of the court and legislature can properly request that the state legislatures apply to Congress for a convention to address those grievances.
A petition that names the court and legislature as sources of problems necessitates that another party act as judge. If your issue here is that some flaw in the design of the constitution is causing corruption, a petition for redress of grievances, addressed to the state legislatures, requesting applications for a convention would be proper and an exercise of due process. In keeping with the known practices of the process as exercised in 1774, it would be proper and due process to withhold payments such as taxes to the federal government for specific items related to the grievances. For example, I happen to believe that the court should be appointed by the state governors, not the President. So I would put into a petition a bill of rights that listed items of our civil constitution, not the formal written Constitution. I would not make specific cases or laws the object of the grievances because those are properly addressed by the court or legislature. The first exercise of the kind of petition for redress of grievances that I discussed above, and the reforms that may come of it are for the most part trivial matters. The British government recognizes Fundamental Laws, which are essentially commonly accepted principles (laws) of good government.
The problem we see with government today is driven in part by the lack of clearly defined and accepted fundamental principles of good government.
By stating this as a well recognized fundamental principle of our liberal democratic republic, the practice of gerrymandering can be better addressed by a court, both to address current issues, but issues in the future also. Another point, the first state to do something like this is the one that would set the agenda in the petition. This Utah case is most interesting because Utah is known for being the most religious state, and Utah’s federal government is (again) telling its residents that they cannot exercise aspects of their religious beliefs.
Herbert Spencer (1820-1903) was one of the leading 19th century English radical individualists. Liberty Fund - The aim of the Online Library of Liberty is to provide thousands of titles about individual liberty, limited constitutional government .
The Online Library Of Liberty - The Online Library of Liberty A Project Of Liberty Fund, Inc. Amtrak is an odd creation: it’s organized as a private corporation, and it’s commanded by statute to maximize profits (ha!), subject to various qualifications. In that light, what do we make of Amtrak’s combination of profit motive and regulatory authority? One: isn’t this just a leap from one sinking ship (non-delegation) to another (due process)? The modern fallacy is to believe that majority voting is sufficient to prevent the abuse of power; anyone familiar with the workings of government cannot seriously entertain that idea. That sort of re-feudalization of the economy and society was well understood by Mancur Olson years ago in his book, The Rise and Decline of Nations. Many today appear to think any level of social spending can be funded, so long as one can secure the income of some valuable mineral resource. Many in Scotland appear to be favoring independence from the United Kingdom and are placing their hopes in the twin promises of democratic institutions and oil.
By this he was not questioning Scottish claims to political sovereignty, but simply pointing out that in the West, we recognize private ownership in these resources.
If Scotland is going to do this, however, it will have to do so for the right reasons and not from misguided ideology. Who understood self-governing institutions, whether in commerce or society, better than David Hume and Adam Smith? They will need to consider the full meaning of the term as it extends down to the roots of the individual person, an idea that they once taught all the rest of us. He is the author of Harmonizing Sentiments: The Declaration of Independence and the Jeffersonian Idea of Self-Government (2001), and more recently a contributor to The Constitutionalism of American States (2008). It should be the wealth generating city state of London which should secede from the Union. Whether or not the Scots stride bravely across their moors and highlands I really have no idea.
This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. This edition is reprinted by arrangement with the University of Chicago Press, Chicago, Illinois. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes.
Judicial decisions have not provided, and in many cases cannot provide, the same sort of nuanced protections for both sides that a legislature can.
The current conundrum being faced across the country of how to balance LGBT rights and religious liberty is no exception.
The question is will they be made preemptively by legislatures when stakeholders still have some leveraging currency, or after judicial decisions have been handed down, reducing or even eliminating the value of that negotiating currency.  Legislatures should not wait for what may be inevitable decisions.
The first, SB 296, leveled the playing field by guaranteeing that all employees will have the right to express their religious, moral, or political beliefs while they are at work; further, employees may not be punished, demoted, or dismissed in the workplace because of their religious activities, political activities, or expression of personal convictions outside the workplace.


However, SB 296 specifically states that such accommodations “shall not be construed to create a special or protected class for any other purpose [than employment and housing].” It also contains a non-severability clause, protecting both sides from potential future judicial action.
SB 297 make real the access of same-sex couples to marriage while permitting individual employees who work in those county offices, and who cannot perform such marriages consistent with their faith, to remain in their jobs. And perhaps most importantly, leaders in the state of Arizona, which tried but failed last year to accomplish the balance. Only by advancing the civil rights of both communities do we ensure respect, tolerance, and compassion for everyone. He began working as a journalist for the laissez-faire magazine The Economist in the 1850s. Library of economics books and articles, encyclopedia, weekly podcast, blog, and educational resources. Goodrich, an Indianapolis businessman and lawyer, with the mission of encouraging a deeper understanding of the . But it also has regulatory powers, having to do with the coordination between Amtrak’s trains and private rail carriers operating on the same tracks. But Olson was really only further developing the critique of mercantilism first put forward by Adam Smith.
And yet, these same individuals are by and large also in favor of continuing high levels of social spending.
To place the hopes of social spending on capturing oil revenues, is to very directly ask how far down the path of Venezuela do the Scots want to go?
Who was it that inspired Jefferson and gave particular poignancy to the idea of the “pursuit of happiness” but Henry Home, Lord Kames? For too long its productive citizens have been paying for profligate government spending and the overblown welfare state. They still put on their pants one leg at a time, just the same as – uh … wait a minute; perhaps not…. I’ve never met him but have read some of his stuff, on account of my passing interest in health care economics.
Law and Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.
Liberty Fund, in cooperation with Chicago University Press, publishes the paperback version of the 5 volume The Founders' Constitution, ed. People view their religious identity and their sexual identity as core fundamental values and as such, those values deserve respect and fair treatment. Using the legislature’s unique ability to bargain provided winning gains to members of our community that would never have been achieved through a court decision.
As has been previously pointed out, judicial fiat on the side of same-sex marriage is causing both LGBT supporters and religious thought-leaders to shun the compromise option and urge their allies to simply dig in.
Instead they should be both preemptive and proactive in their quest to lock in important civil liberties.
So in Utah there can be no workplace retaliation for either marching in a gay pride parade or for speaking at a “pro-life” event. This simple mechanism, like the entire Compromise package, affirms that the interests of same-sex couples and religious believers can exist harmoniously. If I refuse to let you, your dog, and your alcohol into my cab at the airport, but there’s an identical cab behind me that will be happy to have your business, what harm? By the way, before you ignore my advice and start to quote your bible, back in biblical days they didn’t know what deodorant was. After all, hasn’t Utah’s court already struck down once what the legislature thought was best? Generally speaking, it means a citizenry composed of persons capable of independent thought and action—capable of sustaining themselves through much of the thick and thin of life through their own voluntary efforts in civil society. Indeed, one of the major complaints is that England has become fiscally too tight—too conservative. How far do they want to travel the path of nationalizing and socializing the means of production? I can’t judge it but it’s consistently informative, and leavened with a healthy sense that “we economists really do not knowRead Moreby Michael S. Department of Transportation) involves several constitutional questions regarding Amtrak’s funky set-up and operation. Circuit nixed that arrangement on the grounds that Congress can’t delegate regulatory power to a private entity. The poor have grown ever more dependent on government handouts, and while protests against Chavez’s successor now rage, it is very clear that the country is hopelessly divided—perhaps violently so. The Scottish Enlightenment was the source of so much of what we understand by the meaning of liberty, free enterprise, and civil association, limited government, and the rule of law.
Kurland and Ralph Lerner (1987, 2000) and co-sponsors the online version hosted by the University of Chicago Press. The Supreme Court reversed, saying that Amtrak is a government entity for constitutional purposes (regardless of its statutory status).
The actual holding is not remotely as broad as its sweeping “either-or” pronouncement seems to suggest: the opinion contains various concessions and qualifications (many of them in footnotes).
But that still left several separation-of-powers issues, which the Supremes kicked back to the D.C. It’s not a bad idea to put down a marker or general principle and to then work through the complications.
The links on this page direct readers to an external web site hosted by the University of Chicago which retains copyright to the material. Circuit’s words, the question “is whether an economically self-interested entity may exercise regulatory authority over its rivals.” That question, and the self-dealing menace arises regardless of whether Congress hands regulatory power to a private entity or whether that same profit-seeking entity is made into, or viewed as, a government actor—right? And then, instead of droning on about the sacred heritage of Magna Carta or whatever, and instead of getting entangled in Amtrak’s unique and quirky features, the lawyers will have to articulate a doctrine with some coherence and some bite.



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