All Posts Tagged With: "u.s. constitution"

Book Reviews – September 2006

  • On Political
    Equality
    by Robert A. Dahl
    Reviewed by Richard M. Ebeling

  • Collapse: How
    Societies Choose to Fail or Succeed
    by Jared Diamond Reviewed
    by Gene Callahan

  • Economic Liberties
    and the Constitution
    by Bernard H. Siegan Reviewed by George C. Leef

  • Kidney for Sale by
    Owner: Human Organs, Transplantation, and the Market
    by Mark J. Cherry Reviewed by William L. Anderson

1Sep2006 | | 0 comments | Continued

Is the Income Tax Unconstitutional?

Wishful thinking, always a temptation, is hazardous. Example: An awful lot of people think the income tax as it applies to private-sector wage earners is illegal—even unconstitutional—and they assume that if they can only come up with the right legal arguments, judges will strike down the tax and make America a free society once more. [...]

1Sep2006 | | 20 comments | Continued

Democracy Versus Liberty

If a foreign power took over the United States and dictated that American citizens surrender 40 percent of their income, required them to submit to tens of thousands of different commands (many of which were effectively kept secret from them), prohibited many of them from using their land, and denied many the chance to find [...]

1Aug2006 | | 3 comments | Continued

Book Reviews – August 2006

  • Among the Dead Cities: The History and Moral Legacy of the WW II Bombing of Civilians in Germany and Japan
    by A. C. Grayling
    Reviewed by Richard M. Ebeling

  • How Progressives Rewrote the Constitution

    by Richard A. Epstein Reviewed
    by George C. Leef

  • Saving Our Environment from Washington

    by David Schoenbrod Reviewed by Jane S. Shaw

  • The Quotable Mises

    Edited by Mark Thornton Reviewed by William H. Peterson

1Aug2006 | | 1 comment | Continued

Nothing to Learn from the Antifederalists? It Just Ain’t So!

Joseph Stromberg is a historian and freelance writer. According to Paul Greenberg, writing in the Washington Times in late January, the dreaded Antifederalists and their Articles of Confederation are making a comeback. In particular, these miscreants dare to question executive power. He writes with patriotic horror—a horror that assumes as self-evident a partisan reading of [...]

1Jun2006 | | 22 comments | Continued

Kelo v. City of New London: Do We Need Eminent Domain for Economic Growth?

The Supreme Court continues to give politicians free rein to trample the rights of individuals except in cases where the justices think that the rights are fundamental. Property rights are not regarded as fundamental, and the Court will accept almost any justification, no matter how nave and intellectually feeble, for government encroachments on them.

1Nov2005 | | 0 comments | Continued

The Supreme Court and the End of Limited Government

The Supreme Court ruling permitting governments
forcibly to transfer property through eminent
domain from one private party to another
for the sake of economic development did not come out
of the blue. Although the Takings Clause in the Fifth
Amendment to the U.S. Constitution specifies “nor shall
private property be taken for public use without just
compensation,” the “Court long ago rejected any literal
requirement that condemned property be put into use
for the general public” (Hawaii Housing Authority v. Midkiff,
1984, cited in the current case, Kelo v. City of New
London).

1Nov2005 | | 0 comments | Continued

The Unconstitutionality of Protectionism

Even the staunchest free trader might reluctantly concede that the apparatus of protectionism—tariffs, import quotas, and anti-dumping duties—is constitutional because clause 3 of Article I, Section 8, of the U.S. Constitution delegates to Congress “power . . . to regulate commerce with foreign nations. . . .” Before we make too hasty a concession, however, [...]

1Apr2005 | | 0 comments | Continued

Parting Company Is an Option

My last essay in The Freeman, “How Did We Get Here?” (March), provided clear evidence that Congress and the White House, as well as the courts, had vastly exceeded powers delegated to them by our Constitution. To have an appreciation for the magnitude of the usurpation, one need only read Federalist 45, where James Madison, [...]

1Jun2004 | | 1 comment | Continued

Book Reviews – November 2003

Adam Smith’s Marketplace of Life by James R. Otteson Cambridge University Press • 2002 • 338 pages • $70.00 hardcover; $26.00 paperback Reviewed by Robert Batemarco One of the puzzles confronting students of the history of economic thought is the apparent inconsistency of the two masterworks of Adam Smith: The Theory of Moral Sentiments and An Inquiry into the Nature and [...]

1Nov2003 | | 0 comments | Continued

The Economic Foundation of Freedom

The late Howard Buffett was a U.S. representative from Nebraska (1943–1949 and 1951–1953). This article, condensed from a lecture at Midland College in Fremont, Nebraska, is reprinted from The Freeman: Ideas on Liberty, December 1956. For more information on Buffett see Joseph R. Stromberg, “Howard Homan Buffett: Old Rightist Extraordinaire” at www.antiwar.com/stromberg/s042401.html. A clear understanding [...]

1Sep2003 | | 1 comment | Continued

Andrew Johnson and the Constitution

Before 1998 “Andrew Johnson” used to be the answer to the question “Who was the only U.S. president to be impeached?” But Andrew Johnson, the self-educated tailor, deserves to be remembered more for his ideas, especially his defense of the Constitution in a troubled time. Johnson was born in poverty in North Carolina in 1808 [...]

1Sep2003 | | 0 comments | Continued

Law and Property: The Best Hope for Liberty?

There is little left of the conventional protections for individualism in the modern world. Whatever theoretical virtues there may be in democracy (and there aren’t many1), in practice it has disintegrated into a struggle among self-regarding interest groups, mediated by government, over wealth that is exclusively created by private individuals.

1Jul2003 | | 1 comment | Continued

The Progressive Income Tax in U.S. History

America’s founders rejected the income tax entirely, but when they spoke of taxes they recognized the need for uniformity and equal protection to all citizens. “[A]ll duties, imposts and excises shall be uniform throughout the United States,” reads the U.S. Constitution. And 80 years later, in the same spirit, the Fourteenth Amendment promised “equal protection [...]

1May2003 | | 51 comments | Continued

Who’s Declaring War?

“You said we’re headed to war in Iraq. I don’t know why you say that. I’m the person who gets to decide, not you.” —PRESIDENT GEORGE W. BUSH In the drive for war against Iraq, President Bush and the Congress have colluded to violate the U.S. Constitution. What Congress has committed at Mr. Bush’s request [...]

17Apr2003 | | 0 comments | Continued

James Madison: The Constitutional War President

Is it possible for a president to run a war effectively and obey the Constitution at the same time? Most historians would say no; after all, they persistently rank Abraham Lincoln and Franklin Roosevelt as two of the nation’s greatest presidents. Lincoln and Roosevelt, as war presidents, centralized power, restricted liberty, and suspended key parts [...]

1Feb2003 | | 0 comments | Continued

The Constitution According to George Bush

White House lawyers have reportedly told President George W. Bush that he doesn’t need congressional authority to go to war. For political reasons, the President says he will seek “congressional support for U.S. action” in Iraq. But will he agree to be bound by a no vote? If not, his request is meaningless. The Constitution [...]

1Dec2002 | | 0 comments | Continued
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