Does Law Require Legislation?
Rather than accept either administrative law or legislation, Leoni calls for a return to the ancient traditions and principles of "judge-made law" as a method of limiting the State and insuring liberty.
Rather than accept either administrative law or legislation, Leoni calls for a return to the ancient traditions and principles of "judge-made law" as a method of limiting the State and insuring liberty.
Courts and Congress defends a revolutionary thesis. If asked, who has the final say in our government on the meaning of the Constitution, most people would say, the Supreme Court.
Readers of The Mises Review will not be surprised to learn that Folsom considers the New Deal a failure. Nevertheless, even those already familiar with such books as John T. Flynn's The Roosevelt Myth will find Folsom's book valuable.
"Those of libertarian inclinations tend not to hold it unfair for those with superior talents to benefit from them."
Our actual Constitution, one of congressional preeminence, has been replaced by the Happy Convention, in which the president and Supreme Court have supplanted Congress. No Jeffersonian can accept this.
It was largely by making the divine right of kings a laughing stock that the Enlightenment writers destroyed it. It is time for us to do the same thing to the divine right of the majority.
Bankruptcy is a normal part of economic life, covered by laws that guarantee stockholders will be compensated as much as possible.
By practicing plumbing without a license, Joe is bucking the system in a truly heroic way.
Woods and Gutzman have selected twelve cases to illustrate this disregard of the Constitution. By no means are all of these examples of judicial misconduct; the legislative and executive branches have been at least as guilty as the judicial in seeking to enhance government power.
Nothing government can do can take away our freedom; and if we are a people who are truly free, the government will have to follow.