Minor Thoughts

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CQ has a very nice profile of Randy Barnett, libertarian legal scholar. I’ve been a fan of Randy Barnett ever since I read his 2005 book Restoring The Lost Constitution. (Which, Amazon helpfully reminds me, I purchased on December 26, 2004.)

In less than two years, Barnett, 59, has accomplished what few law professors …

Do workers have a right to unionize? If a legislature changes the law to remove collective bargaining, does that deprive workers of their rights?

It depends. It depends on which rights you’re talking about and on which rights the law covers.

There are two kinds of rights. The first kind is negative rights. Negative rights either permit …

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That, at least, appears to be the logical outcome of Tuesday’s ObamaCare ruling, from Judge Gladys Kessler, of the D.C. District Court.

As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress’s power…. However, this …

This morning, on Facebook, I said that I was glad that the teachers would be ending their illegal strike tomorrow. But have Madison’s teachers been illegally striking? After further research and reflection, I don’t think they have been but I do think their actions came very close to a strike. A strict reading of the …

All laws legislate morality. Every advocate of a law eventually states a moral argument for why the law is necessary and proper. You can’t say that “you can’t legislate morality”. If you’re not legislating morality, what is it that you are legislating?

I really should start posting my predictions publicly. Not only would it vindicate me when I’m right, it would keep me honest when I’m wrong.

Last week, I predicted that Justices Scalia and Roberts would be very negative towards the idea of resurrecting the ”Privileges or Immunities” clause of Section 1 of the 14th Amendment. From …

I listen to the President’s Weekly Radio Address every week. It’s usually a painful process, since I almost always disagree with the President. (That’s been true for both President Bush and President Obama, in case you’re wondering.)

Last week’s address was particularly painful. It was almost scary to listen to. The President spoke quite passionately about …

I believe this post finishes our site’s libertarian conversion. We now occupy the same portion of the libertarian spectrum that LewRockwell.com occupies.

I don’t like America’s wars of aggression. The problem, as I see it, is that it can be hard to tell the difference between a war of aggression and a good preemptive defense. For …

While I don’t like it when anyone gets hurt, on the other hand I find it difficult to work up sympathy for a bunch of people who are dead now because they promised an organization that in return for a minimum of $350 a week (as an enlisted) or $664 per week (as an officer), …

”It is is depressing that it even needed to be discussed,” begins The Economist latest Europe.view column. From that opening sentence it proceeds to inform us of the Russian reaction to a resolution by the OSCE (Organisation for Security and Cooperation in Europe) equating Stalin with Hitler.

’…the OSCE resolution prompted outrage …