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October 3, 2018|Congress, Elections, lame duck

Lame Ducks and Congressional Accountability

by James Wallner|3 Comments

The U.S. Capital at night (Anujak Jaimook / Shutterstock.com)
Instead of returning to the Capitol Hill after the people vote, members should complete their work before the election.

June 21, 2018|Elections, James Madison, Median voter, Rational Voter Model

Rational Voter, Meet Median Voter

by James R. Rogers|1 Comment

photo credit: Rob Crandall (shutterstock.com)
“Tribalism” motivates a lot of partisan behavior, but there are many other factors—including policy preferences—involved.

March 22, 2018|Administrative State, Bureaucracy, Elections, Protective Democracy, Social Democracy, U.S. Constitution

Democratic Persuasion and the Weakness of Social Democracy

by John O. McGinnis|5 Comments

Tung Cheung / Shutterstock.com
Democracy is subject to many forms of persuasion, within and without: this should be cause to give central governments less power, not more.

April 17, 2016|Accountability, Elections, Income Taxes, Refunds, Withholding

Make Elections More Taxing

by John O. McGinnis|6 Comments

This year April 18 is the end of the ordinary window for paying income taxes to federal and state governments. Paying income taxes may be a necessary part of civic life, but that payment should be timed and structured to promote government accountability. Unfortunately, but not surprisingly, our politicians have made it difficult for citizens to be conscious of how much they are paying for government services at the time when it would most count—election day.

First, the ordinary window for tax payments—from January 1 to April 15—makes the act of paying taxes a distant memory by the time the first Tuesday in November rolls around.  It does not take a behavioral economist to recognize that paying taxes closer to the election would make voters focus on whether they are getting value for money from government.  Thus, the ordinary payment window should be changed to the month before the November election.

Second, as a result of withholding, most voters get a refund from the government when they file their taxes.  This process also makes them less conscious of the tax burden, since most do not actually write a check to the government, but instead get a check from the government. Thus, withholding should be modified to make citizens feel the effect of taxes.

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December 18, 2015|constitutional liberalism, Elections, Fareed Zakaria, Gettysburg Address, illiberal democracies, personalism, Popular Consent, Separation of Powers

Illiberal Democracies in Latin America

by Gustavo Tarre|1 Comment

AFP PHOTO/Juan BARRETO

The 20th century ended amid well-founded optimism that Latin America had taken firm steps toward democracy, the rule of law, and respect for human rights. Only the island of Cuba seemed stuck in the era of military dictatorship and authoritarianism. But in the last 15 years, things have changed. Political violence has reappeared in many Latin countries and criminality is on the rise, with concomitant erosion of respect for individual rights.

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November 6, 2014|Elections, Electoral Cycles

Elections and the Electoral Cycle

by Mike Rappaport|Leave a Comment

Election Day was, no doubt, a great night for Republicans and for those resisting the progressive agenda.  But I think much of the rhetoric about this and past contests is overheated.  My view about these matters is primarily structural or cyclical.

It was the sixth year of a two term President and therefore the President’s party was likely to lose a significant number of seats.  The President is unpopular and so that makes it even more likely.

Of course, this is not meant to downplay the results.  Rather, the point is that the Republicans should have won and probably would have still won (with a smaller victory) even if the President was more popular than he is.

I had a similar reaction to Obama’s reelection in 2012.  It is difficult to defeat a sitting President and the economy, while weak, was good enough to allow him to be reelected.  He was not challenged in the primaries and there were no other enormous problems that would lead him to be defeated.  Still, Romney might have won had he run a more competent campaign – had he, for example, been better in the second debate – but probably that debate did not decide the election.

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Book Reviews

A Compelling and Compassionate Book about Epilepsy

by Theodore Dalrymple

Our knowledge of the human brain is limited, but neuroscientist Suzanne O’Sullivan’s observation of her patients yields astute insights.

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Andrew Roberts Takes the Measure of the “Populist” Aristocrat, Churchill

by Joao Carlos Espada

Yes, there is something new to be learned about Winston Churchill, and it's in the new 1,105-page biography by Andrew Roberts.

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Liberty Classics

Bringing Natural Law to the Nations

by Samuel Gregg

If sovereign states ordered their domestic affairs in accordance with principles of natural law, the international sphere would benefit greatly.

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Belloc’s Humane Defense of Personhood and Property

by James Matthew Wilson

Perhaps the memory of that metaphysical right to property informs our fears, and could lead to a restoration of human flourishing.

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Podcasts

Born-Again Paganism: A Conversation with Steven Smith

A discussion with Steven D. Smith

Steven Smith talks with Richard Reinsch about his provocative thesis that a modern form of paganism is becoming public orthodoxy.

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"Slouching Towards Mar-a-Lago:" A Conversation with Andrew Bacevich

A discussion with Andrew J. Bacevich

Andrew Bacevich discusses his new book Twilight of the American Century

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Bureaucracy, Regulation, and the Unmanly Contempt for the Constitution

A discussion with John Marini

John Marini unmasks the century-long effort to undermine the Constitution's distribution of power.

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Beautiful Losers in American Politics: A Conversation with Nicole Mellow

A discussion with Nicole Mellow

Nicole Mellow on the beautiful losers in American politics who have redefined the country.

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Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. 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. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

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