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Substantive Due Process

by | Jun 28, 2022 | ,

[T]he conservatives reject substantive due process, which they see as a contradiction in terms that authorizes judges to legislate. If the term sounds odd, it would be odder still to dismiss the idea. As Roger Pilon writes, “By ‘law’ [in due process of law] the...

Privacy and the Constitution

by | Jun 27, 2022 | , ,

"[B]oth the [']liberals['] and the conservatives misunderstand privacy. The conservatives engage in a narrow and unnatural reading of the Constitution in order to avoid seeing what they do not wish to see, while the [']liberals['] find in the Constitution not...

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A Response to My Memorial Day Critics

My article against Memorial Day drew a lot of ire and attention. This should not have been surprising; I was making a controversial statement. What did surprise me, however, was that many critics were self-described libertarians or former libertarians. There were many...

Ignoring Political Gossip & Sticking to Principle

https://youtu.be/ZwWHjYVY4tg In the private sector, firms must attract voluntary customers or they fail; and if they fail, investors lose their money, and managers and employees lose their jobs. The possibility of failure, therefore, is a powerful incentive to find...

The Myth of “Hyper-Rugged-Isolationist-Individualism”

Myth #1: Libertarians believe that each individual is an isolated, hermetically sealed atom, acting in a vacuum without influencing each other.   This is a common charge, but a highly puzzling one. In a lifetime of reading libertarian and classical-liberal...

The Lesson From Germany and Korea

Institutions are, of course, in some sense the products of culture. But, because they formalize a set of norms, institutions are often the things that keep a culture honest, determining how far it is conducive to good behaviour rather than bad. To illustrate the...

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