Rothbard and Eminent Domain: Confused History and Legal Sleight of Hand

One of the striking features of American constitutional law is how little argument is devoted to some of its most coercive doctrines. Few examples illustrate this better than eminent domain. In contemporary jurisprudence, the power of the state to seize private property is treated not merely as legitimate, but as axiomatic: an inherent attribute of sovereignty, requiring no justification beyond procedural regularity and “just compensation.” That this power should be assumed rather than argued for is itself revealing.

Pittsburgh’s Plow Problem

Last weekend, Pittsburghers pillaged their nearest Giant Eagle, stashing bread and toilet paper to prepare for Winter Storm Fern. Unsurprisingly, the City of Pittsburgh was not as diligently fortified as its private residents.

After Fern deposited just shy of a foot of snow over the city, nearly 40 percent of the city plows broke down. Not even a foot of snow was enough to render 37 of 95 City of Pittsburgh plows inoperable.

In Defense of National Borders

In his essay on “Right Wing Populism” Murray Rothbard proposed to build a political coalition to overcome one of the main obstacles faced by liberty movements at election time, namely, the problem that “the numbers simply weren’t there.” Building a popular coalition would address the numbers problem by uniting those who share political goals in common, even though they have different philosophical and ideological beliefs.