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Thread: “The Mainstreaming of Libertarian Constitutionalism,” Bernstein & Somin

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    “The Mainstreaming of Libertarian Constitutionalism,” Bernstein & Somin

    Final paragraph of the authors' review article.

    The gap between libertarian and mainstream constitutional thought is much greater on issues of federalism and property rights. Here too, however, recent decades have seen significant convergence. Over the last thirty years, the Supreme Court has begun to take federalism and property rights more seriously, and the idea that they should get strong judicial protection has attained greater intellectual respectability. Moreover, much of libertarian constitutional thought merely seeks to apply to federalism, property rights, and economic liberties, the same principles that mainstream jurists and legal scholars have applied in other areas, most notably “noneconomic” constitutional rights and separation of powers.

    (Sorry about the ugly download link URL but it should be free PDF, 194 KB 24 pages)

    http://poseidon01.ssrn.com/delivery....EXT=pdf&TYPE=1

    http://www.washingtonpost.com/news/v...titutionalism/
    I am responsible for my writing, not your understanding of it.

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    Regular Member sudden valley gunner's Avatar
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    Very nice read. Thanks for the link. Pushing for what some would call "radical" actually can affect change.

    I like the history included in the read.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Regular Member OC for ME's Avatar
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    Ilya Somin, Professor of Law at George Mason University.
    The gap between libertarian and mainstream constitutional thought is much greater on issues of federalism and property rights. Here too,
    however, recent decades have seen significant convergence. Over the last thirty years, the Supreme Court has begun to take federalism and property rights more seriously, and the idea that they should get strong judicial protection has attained greater intellectual respectability.
    I wonder if this dude read the Kelo decision. This guy needs to get out more. Where "federalism" and our rights diverged and that gap continues to widen, was when Terry lost to Ohio.

    It is the states that have strengthened individual property rights protections post Kelo. The feds...not so much and continue to travel down the Kelo path.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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