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Tag: individual liberty

November 15, 2016

New Jersey places a bet on the Constitution

States are not puppets of the federal government, to be manipulated to accomplish whatever policy the federal government might prefer. If they were, both individual liberty and political accountability would be compromised. That’s why our Constitution forbids the feds from requiring states to govern according to federal instructions. That ven ...

December 02, 2014

Contracts: A trade analogy

Fans of the Oakland Athletics know that the team has just made a big trade. Supporters of Pacific Legal Foundation know that PLF’s Free Enterprise Project defends freedom of contract across the country, including the right of parties to be bound by the words of the contract instead of vague notions of abstract justice. ...

September 17, 2014

Happy Constitution Day 2014

Today Americans celebrate the 227th anniversary of the signing of the United States Constitution by the delegates of the Philadelphia Convention in 1787. Only three delegates who stayed to the end declined to sign the document and two of those, George Mason and Elbridge Gerry, later supported it with the promise that a bill of ...

March 11, 2013

NYC soda ban taxes New Yorkers' patience

Start spreading the news, soda isn't leaving today. Tomorrow was supposed to mark the effective date of New York City's large sugary beverage ban, which have would prohibited (some) vendors from selling soda in portions greater than 16 ounces.  Restaurants, delis, and other places that prepare food were subject to the ban, while other establishmen ...

February 06, 2012

What is "due process of law"?

The February issue of Cato Unbound focuses on substantive due process. The opening essay, by me, is adapted from my article, In Defense of Substantive Due Process. Responses will be coming soon from Professors Gary Lawson, Lawrence Rosenthal, and Ryan Williams. ...