TGIF: Justice Thomas’s Pathetic Tariff-Case Dissent

TGIF: Justice Thomas’s Pathetic Tariff-Case Dissent

The Congress shall have Power To lay and collect Taxes, Duties, Imposts [tariffs] and Excises….                                                                       —U.S. Constituton, Article I, Section 8 Referring to the International Emergency Economic Powers Act (IEEPA), on which Trump claimed authority to impose any tariffs he pleases unilaterally, Chief Justice John Roberts, writing for the 6-3 majority, summed up: The President asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope. In light of the breadth, history, and constitutional...

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“Few and Defined,” Really?

The takings clause of the Fifth Amendment to the Constitution places a limit (just compensation) on an implied power (eminent domain) that is not listed in Article I, Section 8. Thus, James Madison was less than candid when he said the national government’s powers were “few and defined.” A constitution containing “powers by implication” (another Madisonian phrase) cannot be a constitution of few powers. (See my America's Counter-Revolution: The Constitution Revisited.)

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TGIF: Immigration and Culture

TGIF: Immigration and Culture

I pay no attention to the Super Bowl, even less to the overhyped halftime show. But I do pay some attention to the reaction to the show's headliners when they're announced and afterward. So I know that some people did not like that Bad Bunny (whom I knew nothing about and still don't know much) was to be the featured performer. Apparently, some people were offended that he performs in Spanish. (Can you imagine! I mean, who speaks Spanish in America?) I'm also aware that Turning Point USA  held a rival halftime show featuring 50-something "Kid" Rock doing a bad lip-sync in the Bermuda shorts...

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TGIF: Immigration vs. Settler Colonialism

TGIF: Immigration vs. Settler Colonialism

The people performing those mind-boggling contortions to justify, on libertarian grounds, state violence against migrants without papers—restrictatarians, I call them—cite a 1994 article by Murray Rothbard (1926-1995) in support of their double-jointed acrobatics. Rothbard was correct about many things, but a position is not correct merely because Rothbard held it. I expect no disagreement over that. As a general matter, Rothbard's importance to the shaping of the modern libertarian movement needs no documentation. He was accomplished in economics, social theory, and history. In his time, he...

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TGIF: Damn Those Innovators!

TGIF: Damn Those Innovators!

The problem of survival is never "solved," once and for all, with no further thought or motion required. More precisely, the problem of survival is solved, by recognizing that survival demands constant growth and creativeness.... Capitalism, by its nature, entails a constant process of motion, growth and progress. It creates the optimum social conditions for man to respond to the challenges of nature in such a way as to best further his life. It operates to the benefit of all those who choose to be active in the production process, whatever their level of ability. But it is not geared to the...

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