With the US House of Representatives representing the people, and the US Senate representing the states (more so prior to the adoption of the 17th Amendment, but that’s another discussion), the US Congress is a recognizable extension of the “mixed-government” rationale for legislative bicameralism.
Archives for November 2016
The world would be a much better place if economists, politicians and pundits had this line from Henry Hazlitt memorized: “What is harmful or disastrous to an individual must be equally harmful of disastrous to the collection of individuals that make up a nation.”
It’s arguably the most important line ever written in any economics book. Hazlitt (1894-1993) was making the essential point that an economy is not a living, breathing blob; rather it’s a collection of individuals.
Those who live in a bubble had best admit it, and apparently I do.
No one likes being in a prisoners’ dilemma. The tragedy of the prisoners’ dilemma, as it were, is that all the players in the game can see the cooperative, Pareto-superior outcome, but they can’t reach it, at least not without changing the game. They can’t reach it even though it’s right there, seemingly within grasp, and even though they all agree they’d all be better off if they did reach it.
Skincential Sciences is a small company and something of a curiosity: a significant portion of its capital comes from In-Q-Tel, the investment fund of the Central Intelligence Agency.
In addition to a commitment to enforcing the Constitution as written, the successor to Justice Antonin Scalia should possess two of his virtues. First, he or she must unflinching in pursuit of principle even in the face of the rewards that often come from abandoning it. The highest honors from our legal and academic establishment all go to justices who begin or drift left. Justice Scalia, of course, was impervious to all such temptations.
But a justice also faces a temptation to decide law in favor of the policy preferences of the team who nominated him. Law, however, has no team, and Justice Scalia knew it. He wrote opinions in cases from flag burning to detention of enemy combatants that conflicted with the sentiments of many of his fellow conservatives.
And it was clear from the time of his appointment that on the Court Scalia would be a member of only one party—the party of law. In the academy, he showed his independence by dissenting on issues of central importance to his colleagues, like affirmative action. At the Office of Legal Counsel in the Ford Admnistration, however, he even made allies unhappy by keeping the executive branch within the metes and bounds of the law.
Second, Scalia’s successor must be capable of pressing the intellectual case for following the Constitution as written.
Donald Trump has happily announced that his administration will be dedicated to deregulation. And one very important place to deregulate is higher education. Not only will discarding regulations make education less expensive but it will help temper political correctness. Higher educational bureaucrats, not professors, are the worst offenders when it comes to forging the manacles for impressionable minds. And bureaucrats are hired and empowered in so no small part by federal regulations.
The volume of regulation in higher education is truly astonishing. It is not only conservatives who object. Here is a 2015 summary by the bipartisan task force on higher education:
Focusing solely on requirements involving the Department of Education, the HEA contains roughly 1,000 pages of statutory language; the associated rules in the Code of Federal Regulations add another 1,000 pages. Institutions are also subject to thousands of pages of additional requirements in the form of sub-regulatory guidance issued by the Department. . . . In 2012 alone, the Department released approximately 270 “Dear Colleague” letters and other electronic announcements—this means that more than one new directive or clarification was issued every working day of the year.
But classical liberal and conservatives have particular reason to object to these regulations.
Mark Lilla is a writer whose work is always interesting and yet increasingly frustrating. The topics he chooses to engage are unerringly the right ones, but his writing now seems hasty. The Shipwrecked Mind: On Political Reaction follows upon his The Reckless Mind and, one can presume from this effort, will be followed by The Scuttled Mind or some such. He has hit on a formula and is working it as best he can. This is a great shame, given how original and insightful he can be when honest with his readers and himself.
The defeat of the Democratic Party in the 2016 election is an astonishing and unmistakable repudiation of the “transformation of America” to which Barack Obama dedicated himself as constitutional chief executive. Obama’s transformation of America disavowed the natural law principles on which the country was founded. For more than a century Progressive reformers assiduously indoctrinated Americans in the philosophy of pragmatist relativism. Faithful to the Progressive tradition, Obama appealed to pragmatism to rationalize the transformation of America. While post-mortems are being prepared to explain what went wrong, it is pertinent to reflect on how Left-liberal opinion makers understood the “once-in-a-life-time” opportunity that Obama’s election provided to achieve long sought progressive goals.
On the Originalism blog, Michael Ramsey and Andrew Hyman responded to my post for Law and Liberty on the original understanding of substantive due process. Hyman disputes the definition of “liberty” I provided and asserts a different definition of “due process of law” in the Fifth Amendment, while Ramsey asks for more evidence that the definition of “liberty” given wasn’t unique to Thomas Jefferson.