Law 
Essential
The Law
By Frédéric Bastiat: An English translation of one of Bastiat’s most famous pamphlets, written as part of his opposition to the growth of socialism in France in the 1840s and where he states that “the state is the great fiction by which everyone tries to live at the expense of everyone else”.
Copyrights and Property Rights
On April 26, the Cato Institute hosted a conference on “Copyright Controversies: Freedom, Property, Content Creation, and the DMCA.” Speakers included Cato’s director of information policy studies Jim Harper; David K. Levine, coauthor of Against Intellectual Monopoly; and Consumer Electronics Association president Gary Shapiro.
Colonial Origins of the American Constitution: A Documentary History
"A collection of eighty documents which demonstrate how local government in colonial America was the seedbed of American constitutionalism."
Freedom and the Law
By Bruno Leoni: "The greatest obstacle to rule of law in our time, contends the author of this thought-provoking work, is the problem of overlegislation. In modern democratic societies, legislative bodies are increasingly usurping functions that were and should be exercised by individuals or groups rather than government."
The Purpose and Limits of Government
"With the aid of experience, this essay will examine the theory behind the Declaration’s universal insights. Its focus will be on the moral order the Declaration sketches and the place of government within that order."
Independent Study Guide: Law
Liberty Guide offers a comprehensive resource for the independent study of law. The study guide provides access to articles and reviews, online publications, blogs, associations, book recommendations and more. This guide is an indispensable tool for aspiring students of liberty.
Recommended
Questioning Elena Kagan
The confirmation hearings for Supreme Court nominee Elena Kagan begin this week, and Cato's Ilya Shapiro suggests that the process may highlight more than just partisan wind-blowing. "For the first time in decades, the Constitution is a major issue in an election year... Americans are correctly asking: Are there any limits to government power anymore?" Shapiro offers a list of questions to be asked of Ms. Kagan to determine her views on the power and extent of the government's reach. These questions serve to, as Kagan herself wrote in 1995 regarding the nomination process, "gain knowledge and promote public understanding of what the nominee believes the court should do and how she would affect its conduct." Shapiro notes that if Kagan deflects or otherwise subverts senators' questioning, she will have failed her own standard.
U.S. Needs to Let More Workers In
Immigration reform is a hot topic in today’s political climate, but Dan Griswold, the director of Cato’s Center for Trade Policy Studies, claims that this issue doesn’t have to fall on party lines; the existing evidence demonstrates that true reform could lead to gains on all sides. Griswold notes that as Americans’ standard of living increases, low-skilled jobs become less desirable and higher-skilled jobs more available; however, our current immigration system “offers no means for a sufficient number of foreign-born workers to enter the country legally and fill that gap. So they enter illegally.” To produce a win-win for immigrants and Americans alike, a robust temporary-worker program should be adopted. This would provide an economic boost and save millions of the tax dollars currently going to costly border protection.
Campus Conundrum: Free Speech or Non-Discrimination?
The University of California - Hastings law school will not grant funding to the Christian Legal Society because CLS does not grant membership to those who advocate or engage in sex outside heterosexual marriage. Cato constitutional studies scholar Ilya Shapiro and center for educational freedom scholar Neal McCluskey discuss the case. Legally, CLS wins the case, as protected under the First Amendment. That a government entity could grant funding to some and deny it to others is a form of discrimination in itself; and a group that cannot restrict membership ceases to be a group. Ultimately, though, this is not ideal, as some would be forced to fund (via tax dollars) something to which they object. The only way to prevent government from violating the constitutional rights of its citizens is to get the government out of education.
3 Reasons to Legalize Pot
In this Reason.tv video, Nick Gillespie presents three reasons why marijuana should be legalized. Freeing weed would increase tax revenue and decrease law enforcement costs, allow states more sovereignty in their decisions to legislate pot use, and give people the ability to treat their own bodies how they choose. "As the United States enters its 72nd year of marijuana prohibition, it's time to consider legalizing pot once and for all," says Gillespie.
Courts Won't Hear Free Speech
While there is much value in keeping church and state separate, that cannot be cause for limiting freedom of speech. Cato scholar Nat Hentoff raises this concern as U.S. Courts have opted to remain silent on the issue of students' First Amendment rights being trodded upon by school administrations and policies. Hentoff advises that if the Constitution is going to last, its understanding must be renewed in society. Schools provide a great place to do this, and should not be used instead to undermine the Constitution.
That this debate falls on the inherent conflict of ‘free speech’ and ‘separation of church and state’ is cause to revisit the government monopoly of the education system, which is discussed much by Cato's Neal McCluskey.
Taking Government to a Whole New Level
Cato chairman Robert Levy explains the new role of government that Congress has brought into existence with its expansive policies. Specifically addressing Obamacare legislation, Levy uses analogy to illustrate that the new legislation is an unprecedented advance of government into citizens' lives, and raises serious questions of its constitutionality. Government has never before been afforded authority to mandate the active economic actions of its people, but with Obamacare it does explicitly that. Levy warns, "Beware the new role for government that the political class has put on the table."
21: Is It Time to Lower the Drinking Age?
Today, we all take the drinking age for granted, but should we? In fact, the US is one of only four countries in the world with a drinking age as high as 21—the other three are Indonesia, Mongolia, and Palau. Is the policy working to reduce health and safety issues related to youthful alcohol abuse? What are the unintended consequences of alcohol prohibition for 18-20 year olds? Reason.tv went to the University of Wisconsin-Stout in Menomonie, Wisconsin to get a first-hand look at the war on underage drinking.
Will You Meet This Challenge?
Cato Constitutional Studies scholar Ilya Shapiro sends out a challenge to anyone wanting to debate the constitutionality of the new health care legislation. Shapiro offers to debate anyone - anytime, anywhere. Will you take him up on it?
Police Department goes Pre-Crime
Move over Minority Report, there's a new pre-crime division in town. Reason's Radley Balko describes a situation in Medford, Oregon on March 8th when David Pyles woke up to a phone call from the police and SWAT team in his front yard. Pyles was taken to the station and given a mental evaluation on grounds that he was "disgruntled" from his job and had recently purchased several firearms (legally, and with money from his recent tax return). "Instead of being reactive, we took a proactive approach," said one officer. The problem is, the police had no warrant, had talked to no judge, and Pyles had committed no crime. After being released, Pyles commented, "If something like this can happen here, where just about everyone owns a gun, it can happen anywhere."
Healthcare Hoopla
Michael McConnell, law professor at Stanford University and scholar at the Hoover Institution, discusses the revived healthcare debate in light of the Constitution. He says that the current 'reconciliation' process being pursued by House Democrats would "enable Congress to vote on legislation that fixes flaws in the Senate health-care bill without facing a Senate filibuster, and without requiring House members to vote in favor of a Senate bill that is now politically toxic." All niceties aside, however, McConnell notes that such a process explicitly violates the Constitution, and a 1998 Supreme Court decision. Democrats are seeking for a way to enact invasive laws while retaining political anonymity. "The Constitution," McConnell says, "was drafted to prevent that."
Cato scholar Michael Cannon presents several other affronts to liberty by the House healthcare push on the Cato blog here.
Is the Supreme Court Afraid of the Constitution?
Cato fellow and Georgetown law professor Randy Barnett discusses how the Supreme Court recently appeared to intentionally avoid part of the Constitution. The McDonald case, which addresses the application of the Second Amendment on the State level, was heard before the Court on March 2nd. Barnett notes that while it is quite likely that the final ruling of the case will fall in favor of supporting gun rights within the states, the Court appears to be upholding one amendment of the Constitution while ignoring another, the 14th. Addressing the 14th Amendment is viewed by the Court as “opening a can of worms” and was therefore brushed aside, says Barnett, leading him to comment, "When it came to following the written Constitution, a visitor from another planet would not, I suspect, have been very impressed.”
Drug Czar Should Go
By Tim Lynch: "Voters are disgusted by the reckless spending of politicians in Washington. The backlash is coming, so policymakers are now scrambling to do something, or at least be seen as doing something, about the enormous federal debt. Now is a good time for Congress to abolish government agencies that are outdated, dysfunctional or just unnecessary.
"A prime candidate for abolition is the office of the so-called 'drug czar.'"
Obama Takes On College Football
William L. Anderson, writing in The Freeman, discusses the Department of Justice and Obama Administration's move to challenge the legality of college football's Bowl Championship Series, on antitrust grounds. "Several lawmakers and many critics want the BCS to switch to a playoff system, rather than the ratings system it uses." However, Anderson warns, "using federal law like a hammer to pound in this nail... demonstrates the arrogance of Washington and the Obama administration." Whether or not a playoff system is desired should be determined by the private parties involved. Government authoritarians who are bold enough to get involved in civilian affairs should have us concerned. The issue at hand isn't one of sportsmanship; it's about "liberty and limits on the power of the State."
The Libertarianism of Avatar
Regarding the recent Hollywood blockbuster, Avatar, Cato's David Boaz notes a libertarian theme that runs through the film. "Forget its left-wing themes. At its core, the movie is about defending property rights." Boaz outlines several aspects of the movie that highlight a value placed on ownership and property, likening it to the Kelo case that was recently argued before the Supreme Court. While the film boasts a left-wing ethos that emanates about as much as the glowing forests of its planet called Pandora, "conservatives should appreciate a rare defense of property rights coming out of Hollywood."
Is Obamacare Unconstitutional?
In an NPR audio clip and article, lawyers and scholars discuss the constitutionality of the Obamacare legislation that mandates individuals to purchase insurance or face fines. Some scholars, including Cato's Randy Barnett, say that there is no precedent for, in essence, taxing people just for living. Barnett states that that such a mandate extends beyond the enumerated powers of the Constitution. Others, in favor of the mandate, say that there is a first time for everything, citing the creation of the Social Security Administration as an example of a broad and monumental new federal program. Scholars on both sides say that this debate may end up before the Supreme Court.
To listen to the 4 minute audio clip of this story, click here.
A Nation of "Criminals"
Cato VP Gene Healy looks at a current case being argued in the Supreme Court to discuss a larger issue affecting millions of Americans daily: overcriminalization. Current law defines as criminal an action that "deprive(s) another of the intangible right of honest services." Under such a vague law, Justice Antonin Scalia said that a dad taking a sick-day to go to a ballgame with his kid could be deemed a criminal. The Court case opens a can of worms regarding a legal system that seeks to hold society in check by slapping laws in place, far overreaching the 3 kind of Federal crimes stated in the Constitution: treason, piracy, and counterfeiting. Healy states that reforming the overcriminalization problem may pose threats to political vitality, but makes the strong case that it's worth it.
Copenhagen: Let the Games Begin!
Cato environmental scholar Pat Michaels comments on the various antics and rivalries already evident at the climate conference that kicked off this week in Copenhagen. Poorer countries, like India, are making demands that the richer nations subsidize them to achieve the costly goals of emission restrictions. Obama, who thinks such subsidies are a good idea, is being reminded by Democratic congressmen that the power to commit to new regulations is not a constitutional role of the executive branch. And politicians, who are sticking voters with the bill for their partisan efforts, will face angry voters in the upcoming 2010 mid-term election. Of the conference, Michaels says, “Expect a lot of heat, not much light, and a punt right into our next election.”
Obamacare Is Unconstitutional
While the houses of congress have been debating Obamacare for months, one thing that has apparently been left out of the discussion is the Constitution. Gene Healy notes that, sadly, this has been the trend in American politics for some time. Legislators and the Courts often cite the Commerce Clause of the Constitution to support reaching federal hands into individuals' lives, and history bears witness to this. However, Healy contends, that is no excuse for Congress to default on their oath to protect the Constitution.
Can't Read the bills? Start with Constitution.
Cato VP Gene Healy asks congress why they can't be bothered to be held to the same standards as the American public. Congressmen and bureaucrats continue to pass longer and longer legislation without reading it, to which the public is bound by law to obey. Healy comments on the Waxman-Markey (Cap and Trade) bill and the Senate Finance Committee's health care bill, 1,427 and 1,502 pages respectively. If reading the bills is too exhausting, Healy suggests congressmen start with reading the Constitution - afterall, "it's short and written in plain English."
Boaz to Speak in Tennessee
Cato executive VP David Boaz will be presenting on a panel discussion with Paul Kuhn and Robert Mikos at Vanderbilt University on the topic “Drug Legalization and Emerging Economic Opportunities.” The discussion will take place in the Law School's Moore Room at 5:00pm, on Tuesday, September 29th. Panelists will be addressing predominantly business and law students, though the public is welcome. Following the discussion, at 7:30pm, Boaz will be speaking to America's Future Foundation and the Tennessee Center for Policy Research. David Boaz is an alumnus of Vanderbilt University, and now speaks and writes extensively on issues of liberty at the Cato Institute.
Google On Trial
Legal disputes have arisen concerning Google’s forthcoming ‘Book Search' utility. Adjunct Cato scholar Timothy Lee discusses this issue in light of a settlement that Google has reached with a group of authors and publishers. Lee claims that the problem is not with Google's stance on the copyright issues, but the expansive powers that the settlement grants. He furthermore cites Librarian of Congress Marybeth Peters, who wrote that "the settlement proposed by the parties would encroach on responsibility for copyright policy that traditionally has been the domain of Congress." Judicial approval of the settlement could alter copyright law, and potentially grant Google with certain unchecked power. Lee concludes that the issue at stake is not the Google case alone, but the establishment of a precedent, stating “Congress, not the judicial branch, is responsible for making broad changes to rules of copyright.”
*(Lee wrote a follow-up article based on a discussion with a Google policy analyst, featured here.)
Hillary, Sotomayor to make headlines again in court
August is past, and it's time for political debate and court hearings to resume in Washington. Citizens United v. FEC is one of the first legal issues to be discussed, being argued before the Supreme Court on September 9th. Beyond the case itself lies a issue that the court has already made clear will establish new precedents in both campaign finance and free speech regulation. Mark Sherman, AP, writes that the case "took on greater significance after the justices decided to use the case to consider whether to ease restrictions, established in two earlier decisions now at issue, on how corporations and labor unions may spend money to influence elections." With Hillary, Sotomayor, McCain, and other political celebrities involved, though fall is beginning, Washington may be heating up. Expect to hear more on this issue.
Seven Lessons of Cash-for-Clunkers' Failure
In the Washington Examiner, Irwin Stelzer discusses several reasons to reconsider the "success" of the cash-for-clunkers programs, which spent $3 billion of taxpayer dollars in just over a month. His final of seven points notes the negative impact on lower-income consumers; "By mandating the destruction of trade-ins, Congress removed 700,000 cars from the used-car market, inevitably driving up prices of the cars that lower-income consumers tend to buy." Stelzer's point transitions well into the up-coming debates on Cap-and-Trade that are sure to resurface come the end of the Senate's August recess. Yet another instance where environmental hype trumps human well-being.
Obamacare: Compulsory Insurance, Unconstitutional?
Taking a look at a bit of legal history, two former White House lawyers review the legality of Obamacare in The Washington Post. They cite that, "The Constitution assigns only limited, enumerated powers to Congress and none... would support a federal mandate requiring anyone who is otherwise without health insurance to buy it." No matter the motivations behind such efforts, Congress is ultimately bound by two factors: the Constitution and the American people. One would require a constitutional amendment, the other a major social shift, which seems unlikely considering recent polls.
Cato Reading Lists, by Research Topic
The Cato Institute has just published a reading list of books and articles that form the basis for libertarian thought. The list has been expertly organized and is divided by research topic. If you have been looking for a stronger foundation of the principles of liberty, this is for you!
Sotomayor Doesn’t Deserve a Supreme Court Seat
Senior Fellow in Constitutional Studies Ilya Shapiro offers his critique after sitting through the Sotomayor confirmation hearings. "Deciding how to vote on this is more than a simple matter of deciding whether she is “qualified” to sit on the Supreme Court," says Shapiro, adding that Sotomayor "leaves me with an abiding concern about the damage she could do to the rule of law in this country."
Global Warming Debate Heating Up
Forecasting scholars Dr. Kesten C. Green and Dr. J. Scott Armstrong take on MIT's recent Global Warming report: "Policymakers and the public should be made aware that the forecasts from the MIT modellers, as well as those used by the [Intergovernmental Panel on Climate Change], are merely the opinions of some scientists and computer modellers. ...The forecasting procedures were not valid and there is no reason for policymakers to take their forecasts seriously."
Sotomayor: A Presidential Power Skeptic?
By Gene Healy: "For all her faults, it's unlikely that Sonia Sotomayor will be a pushover for any wartime president. Constitutionalists and civil libertarians should take comfort in the fact that it could have been worse."
'Thought Crimes' Bill Advances
Cato's new senior fellow, Nat Hentoff, takes a look at the recent passage of the Local Law Enforcement Hate Crimes Prevention Act passed in the House of Representatives on April 29, and notes the bill's various violations of the U.S. Constitution, including the First, Fifth, and Fourteenth Amendments.
Deferred Law Firm Associate Program
Many law firms are asking their incoming first-year associates to defer their start dates (from a few months to a full year) and are offering stipends to these deferred associates to work at public interest organizations. The Cato Institute invites third-year law students and others facing firm deferrals to apply to work at our Center for Constitutional Studies. This is an opportunity to assist projects ranging from Supreme Court amicus briefs to policy papers to the Cato Supreme Court Review.
Our Troubling Tax System
The U.S. tax code gets more complex every year. It violates civil liberties and, left unchanged, will leave the United States at a powerful competitive disadvantage in years to come. Chris Edwards, Director of Tax Policy Studies, Senior Fellow Daniel J. Mitchell and Director of Information Policy Studies Jim Harper dissect the troubling aspects of our tax system.
I Smoke Pot, and I Like It
By Will Wilkinson: "If we're to begin to roll back our stupid and deadly drug war, the stigma of responsible drug use has got to end, and marijuana is the best place to start. The super-savvy Barack Obama managed to turn a buck by coming out of the cannabis (and cocaine) closet in a bestselling memoir. That's progress. But his admission came with the politicians' caveat of regret. We'll make real progress when solid, upstanding folk come out of the cannabis closet, heads held high."
Drug Decriminalization in Portugal: Lessons for Creating Fair and Successful Drug Policies
By Glenn Greenwald: "While other states in the European Union have developed various forms of de facto decriminalization — whereby substances perceived to be less serious (such as cannabis) rarely lead to criminal prosecution — Portugal remains the only EU member state with a law explicitly declaring drugs to be "decriminalized." Because more than seven years have now elapsed since enactment of Portugal's decriminalization system, there are ample data enabling its effects to be assessed."
Kelo v. City of New London
Susette Kelo's legal battle with New London, Conn. brought about one of the most controversial and troubling Supreme Court rulings in many many years. But her fight also spurred a backlash among property owners and state legislatures. Susette Kelo now lives in a town across the river from New London.
Patrick Michaels Speaks at Dartmouth
Patrick Michaels, Senior Fellow a the Cato Institute, spoke at Dartmouth College on Tuesday, February 23rd, to a packed auditorium where he argued that "The discussion surrounding global warming has become wildly extreme... You either believe it's the end of the world unless we do something about it right now, or you're a denier." Check out the story in The Dartmouth
January Op-Eds of the Month
Congratulations to Jonathan Slemrod and Charles Johnson for winning the Cato on Campus Op-Eds of the Month! Covering environmentalism and free speech on campus, their op-eds will now be considered for the Op-Ed of the Year and a full scholarship to Cato University.
Roger Pilon: "Is Affirmative Action Compatible with Equal Protection?"
Who: Roger Pilon What: Speech on "Is Affirmative Action Compatible with Equal Protection?" Where: Maquette Law School Host: Marquette Law School Federalist Society
Roger Pilon: "Are Property Rights Opposed to Environmental Protection?"
Who: Roger Pilon What: Speech on "Are Property Rights Opposed to Environmental Protection?" Where: Duke Law School Host: Duke Student Chapter, Federalist Society
Roger Pilon: "Should Judges Secure Unenumerated Rights? From Lochner to Lawrence"
Who: Roger Pilon What: Speech on "Should Judges Secure Unenumerated Rights? From Lochner to Lawrence" Where: University of North Carolina Law School
Roger Pilon: "Federalism and the Fourteenth Amendment: How Both Liberals and Conservatives Get It Wrong"
Who: Roger Pilon What: Speech on "Federalism and the Fourteenth Amendment: How Both Liberals and Conservatives Get It Wrong" When: February 17, 2009, at 4:00pm Where: Duquesne Law School
Roger Pilon: "Should Judges Secure Unenumerated Rights? From Lochner to Lawrence"
Who: Roger Pilon What: Speech on "Should Judges Secure Unenumerated Rights? From Lochner to Lawrence" Where: University of Pittsburgh Law School
Ilya Shapiro: "Race-Based Government in Paradise? Hawaii v. OHA and the Akaka Bill"
Who: Ilya Shapiro What: Speech on "Race-Based Government in Paradise? Hawaii v. OHA and the Akaka Bill" Where: Bello Mansion Host: Dallas Federalist Society Lawyers Chapter
Ilya Shapiro: "Libel Tourism: The Next Front in the War on Terror"
Who: Ilya Shapiro What: Speech on "Libel Tourism: The Next Front in the War on Terror" Where: University of Louisville, Brandeis School of Law Host: The University of Louisville Law Review
Ilya Shapiro: "How I spent My Summer Vacation: Rule of Law in Iraq"
Who: Ilya Shapiro What: Speech on "How I spent My Summer Vacation: Rule of Law in Iraq" Where: University of Louisville Law School Host: University of Louisville Law School Federalist Society Chapter
Ilya Shapiro Debate on Race-Based Government
Who: Ilya Shapiro What: Debate on "Race-Based Government in Paradise? Hawaii v. OHA" Where: Manoa Campus, 2515 Dole Street Classroom 2 Host: University of Hawaii Law School Federalist Society Chapter
Ilya Shapiro: "What Can We Expect from the Obama Administration on Judicial Appointments?"
Who: Ilya Shapiro What: Speech on "What Can We Expect from the Obama Administration on Judicial Appointments?" Where: Bannan 236, Santa Clara University Law School Host: Santa Clara University Law School Federalist Society Chapter
Ilya Shapiro: "What Role Should Foreign Law Play in U.S. Constitutional Interpretation?"
Who: Ilya Shapiro What: Speech on "What Role Should Foreign Law Play in U.S. Constitutional Interpretation?" Where: Harrington's (245 Front St.) Host: San Francisco Federalist Society Lawyers Chapter
Ilya Shapiro: "What Role Should Foreign Law Play in U.S. Constitutional Interpretation?"
Who: Ilya Shapiro What: Speech on "What Role Should Foreign Law Play in U.S. Constitutional Interpretation?" Where: Stanford University Law School Host: Stanford University Law School Federalist Society
Ilya Shapiro: "How I spent My Summer Vacation: Rule of Law in Iraq"
Who: Ilya Shapiro What: Speech on "How I spent My Summer Vacation: Rule of Law in Iraq" When: February 6, 2009 Where: Gordon & Rees LLP, San Francisco Host: Princeton Club of Northern California
December Op-Ed Winners
Congratulations to the first winners of the Cato on Campus Op-Ed Contest: Mytheos Holt and Simon Franěk! Their op-eds, both citing Patrick Michaels and dealing with environmental policy, tied for the December 2008 Cato on Campus Op-Ed Contest.
Robert A. Levy: The Dirty Dozen
Where: McCormick & Schmick's Restaurant, 2000 Main Street, Irvine (949) 756-0505 Host: Orange County Federalist Society Description: Bob Levy presents twelve seminal high court decisions that he warns will allow government to: • interfere in your private contractual agreements • curtail your rights to criticize or support political candidates • arrest and imprison you indefinitely, without filing charges • seize your private property, without compensation, when someone uses the property for criminal activity—even if you don't know about it!
Ilya Shapiro: "Libel Tourism: The Next Front in the War on Terror"
Where: North Coast, CA Host: North Coast Federalist Society Lawyers Chapter
Ilya Shapiro: "What Can We Expect from the Obama Administration on Judicial Appointments?"
Who: Ilya Shapiro What: Speech on "What Can We Expect from the Obama Administration on Judicial Appointments?" When: February 5, 2009 Where: University of San Francisco Law School Host: University of San Francisco Law School Federalist Society
Ilya Shapiro: "Judicial Nominations: What's Gone Wrong and Can It Be Fixed?"
Who: Ilya Shapiro What: Speech on "Judicial nominations: What's Gone Wrong and Can It Be Fixed?" When: February 4, 2009 Where: University of San Diego Law School Host: University of San Diego Law School Federalist Society
Ilya Shapiro: "What Does the Second Amendment Really Mean?"
Who: Ilya Shapiro What: Speech on "What Does the Second Amendment Really Mean?" When: February 3, 2009 Where: Bethesda-Chevy Chase Rotary Club Monthly Lunch
Ilya Shapiro Debate at Georgetown University Law School
Who: Ilya Shapiro What: Debate over "Is Hillary Clinton Unconstitutional?" When: February 27, 2009 Where: Georgetown University Law School Host: Georgetown University Law School Federalist Society
Ask the Expert: Robert A. Levy on the Possibility of an Assault Weapons Ban
Robert A. Levy, chairman of Cato's board of directors and the man who organized the plaintiffs' case in D.C. v. Heller, discusses the political feasibility of an Assault Weapons Ban proposal in Congress and why such a ban may be considered unconstitutional today.
A Matter of Trust: Why Congress Should Turn Federal Lands into Fiduciary Trusts
Randal O'Toole, a senior fellow at Cat, writes, "Several Cato Institute studies have called for privatization of the public lands, but this idea is strongly resisted by environmentalists, recreationists, and other users of public land. An alternative policy that will both enhance the values sought by environmentalists and improve the fiscal management of the lands is to turn them into fiduciary trusts. Under this proposal, the U.S. would retain title to the lands, but the rules under which they would be governed would be very different."
Unsolicited Advice for Obama
By Radley Balko: "I don't agree with Obama on much (I don't agree with the current administration on much, either), so I won't make an appeal with him to compromise with the Republicans on the issues where I agree with them. Instead, here are a few recommendations - some substantive, some symbolic - of moves Obama could make that are consistent with the principles he articulated during the campaign:"
Is it Constitutional?
Richard Rahn, Senior Fellow at the Cato Institute, asks a question about the government's $700 billion bailout that few others are asking: Is it constitutional?
Ask the Expert: Ilya Shapiro
Ilya Shapiro, Senior Fellow of Cato's Center for Constitutional Studies and Editor-in-Chief, Cato Supreme Court Review, answers the question "To promote individual liberty, is a conservative or liberal Supreme Court advantageous?"
The House of Death
By Radley Balko: "Three years ago, Sandalio 'Sandy' Gonzalez's 32-year career with the Drug Enforcement Agency came to an abrupt end after he blew the whistle in a horrifying case now known as the 'House of Death,' in which Immigration and Customs Enforcement agents stand accused of looking the other way while one of their drug informants participated in torturing and murdering at least a dozen people in an abandoned house near the Texas-Mexico border."
Parody Flunks Out
By Harvey Silverglate: "Political humor is no longer welcome in Academia as administrators choke the life out of parody."
Ask the Expert: Timothy B. Lee
In this week's Ask the Expert series, Cato adjunct scholar, Timothy B. Lee, tackles the issue of intellectual property rights from the libertarian perspective.
Ask the Expert: Tom Palmer
Cato VP for International Programs Tom G. Palmer answers the first question in Cato on Campus's new Ask the Expert series, where you get to email in questions for Cato's scholars to answer. This edition's question takes on the issue of the relationship between government and economic development in impoverished nations.
Bottoms Up!
By Will Wilkinson: "A hundred and thirty college presidents and chancellors have signed a controversial statement calling for a new debate about the legal drinking age; their notion is to lower it from 21 to 18. Alas, college presidents are politicians of a sort, so none will take the reopened debate where it needs to go. There should be no drinking age at all."
Tax Havens Are Very Beneficial for Global Economy
"Statist politicians and international bureaucracies such as the OECD and UN routinely attack tax havens, claiming that they lead to “harmful tax competition.” "Yet at no point do critics bother to provide any evidence for this claim. This mini-documentary that I narrated for the Center for Freedom and Prosperity looks at the empirical data and scholarly research and reports that tax havens actually have a very positive impact on the global economy." - Dr. Dan Mitchell
Responsible Drug Use
"Those who support drug prohibition often do so with the premise, implicit or explicit, that life without prohibition would be marked by vastly more irresponsibility, addiction, accidents, health problems, and death. Those who favor ending drug prohibition are forced to argue, not only for an unfamiliar policy, but also against this parade of horribles. Yet are we not able to think about and manage these substances rationally and responsibly?"
Amethyst Initiative's Debate on Drinking a Welcome Alternative to Fanaticism
By Radley Balko: "It's been nearly 25 years since Congress blackmailed the states to raise the minimum drinking age to 21 or lose federal highway funding. Supporters of the law have hailed it as an unqualified success, and until recently, they've met little resistance."
Drinking Age Revisited
By Brandon Arnold: "Yesterday, over a hundred college presidents called for a reexamination of the current minimum drinking age and suggested it should be lowered. This is great news and could serve as an opportunity to begin an intelligent national dialogue on improving alcohol policies."
C.S.Oy
By Radley Balko and Roger Koppl: "But as forensic evidence becomes more and more important in securing convictions, the need for monitoring and oversight grows exponentially. Every other scientific field properly requires peer review, statistical analysis, and redundancy to ensure quality and accuracy. It's past time we applied the same quality-control measures to criminal forensics, particularly given the fundamental nature of what's at stake."
What Next for D.C.'s Gun Laws
By Robert A. Levy and David Kopel: "The Supreme Court ruled in June that provisions of Washington, D.C.'s gun laws are unconstitutional. Unfortunately, the city has responded with new regulations that are a flagrant attempt to circumvent the court's decision."
Why California Medical Marijuana Dispensary Owner Charlie Lynch Was Found Guilty in Federal Court of Selling Drugs
"In this latest reason.tv video, we talk to Lynch's lawyers and the forewoman of the jury to find out precisely how Lynch got convicted and what happens next. It's a disturbing, provocative video that should make even the hardiest drug warrior wonder just what the hell we're doing locking up businessmen who play by the rules and give aid and comfort to sick people."
Elevator Arguments for Drug Policy Reform
By Pete Guither: "So you’ve been studying hard and you’re starting to amass an incredible amount of data supporting drug policy reform. You’re ready to make a difference.
And then opportunity presents itself. Somebody actually asks you a question about drugs... just as you get on the elevator. But here’s the problem — he’s getting off at the 12th floor and you’re going to 14. What do you do?"
Consenting to Be Abused
By Steve Chapman: "In a nation founded on respect for the rights of every person, these searches give all priority to the power and convenience of the government, while mocking the liberties we are supposed to have. Why would we consent to that?"
Criminal Justice Unfairly Ignored on Trail
By Radley Balko: Given that enforcing federal law is one of the few presidential powers explicitly prescribed the Constitution, here are some criminal justice policy questions for John McCain and Barack Obama:
District of Columbia V. Heller: What's Next?
By Robert A. Levy: "Following a victory that some thought impossible, the advocates of the right to bear arms are asking themselves where to go next. None are more qualified to answer that question than Robert A. Levy, co-counsel in District of Columbia v. Heller, the landmark case that has permanently changed the shape of gun rights jurisprudence." - Dr. Jason Kuznicki
The Second Amendment Goes to Court
Alan Gura, Glenn Reynolds, Randy Barnett, Brian Doherty, Sanford Levinson, Jacob Sullum, and Dave Kopel respond to D.C. v. Heller
D.C. Gun Ban Struck Down
"On Thursday, the Court rediscovered the Second Amendment. More than five years after six Washington, D.C. residents challenged the city’s 32-year-old ban on all functional firearms in the home, the Court held in District of Columbia v. Heller that the law is unconstitutional. Heller is merely the opening salvo in a series of litigations that will ultimately resolve what weapons and persons can be regulated and what restrictions are permissible. But because of Thursday’s decision, the prospects for reviving the original meaning of the Second Amendment are now substantially brighter." - Robert A. Levy, Co-counsel to Mr. Heller
Democrats Capitulate on FISA
By Julian Sanchez: "Democrats are trying to rationalize capitulating on surveillance and telecom immunity in the new FISA bill by calling it a compromise. It isn't."
In a Class Of Your Own
By Roger Pilon: "When the Supreme Court affirms a decision of the U.S. Court of Appeals for the 9th Circuit, that's news, especially when nearly every other circuit has gone the other way. That's what happened last week in Engquist v. Oregon Department of Agriculture. Unfortunately, the news would be better had the 9th Circuit gotten it right."
Commie Ball: A Journey to the End of a Revolution
By Michael Lewis: "Some of the greatest baseball players the world has never seen are in Cuba, where their talent is government property, and their only chance of turning pro is the risky boat ride to Florida. Gus Dominguez, an L.A. sports agent, has done more than anyone to help escaped players join major-league U.S. teams, but now he sits in a California jail, convicted of smuggling athletes."
Raiding California—Drew Carey on Medical Marijuana and Minors
"Should medical marijuana be kept from minors at all costs? Why is it that pharmacists can dispense amphetamines without getting busted, but legal operators who dispense medical marijuana face prison time? Why do armed federal agents persist in raiding California?"
Texas Supreme Court: Return the Children
By Tim Lynch: "[T]he Supreme Court of Texas ruled that Child Protective Services (CPS) abused its discretion by seizing 468 children from the Fundamentalist Church of Latter Day Saints ranch in Eldorado."
Presidential Power-Tripping
By Radley Balko: " The most important issue in this November's presidential election isn't Iraq or terrorism or the economy, though it plays into all three. The most important issue is presidential power."
Drew Carey Reports on the Tragically High Cost of Building a Border Wall
"At a time when pundits and politicians of all stripes endorse securing the border between the United States and Mexico, reason.tv travels south to see what's really going on—and what the human and monetary costs are of amping up border patrols."
Where Does Law Come From?
By Bruce L. Benson: "The lesson here is that law and governance are natural institutions that arise out of people’s interest in prospering through production, the division of labor, and trade. They do not depend on a central coercive authority for their genesis. States can arise when a powerful group, bent on institutionalized extortion, co-opt and alter existing customary law to serve its own particular interests."
Is Real ID Really Going to Happen?
By Matthew Blake: "Little about Real ID has gone as planned. All 50 states, and the District of Columbia, were given extensions by the Dept. of Homeland Security to comply with Real ID. This extension was given despite the fact that 17 states passed resolutions saying they have no intention of ever implementing the program."
Mississippi Drug War Blues—the Case of Cory Maye
The latest Drew Carey Project video for reason.tv tells "a story about the intersection of race, the war on drugs, the disturbing increase in the militarization of police tactics, and systemic flaws in the criminal justice system. It is a tragedy in which one man is dead and another may spend his life in prison without possibility of parole."
Deborah Jeane Palfrey, Hounded to Death
By David Boaz: "Faced with the prospect of years in prison, Deborah Jeane Palfrey, known as the “D.C. Madam,” committed suicide on Thursday. Her pursuers and prosecutors should be ashamed of themselves."
Battle Over Eminent Domain Is Another Civil Rights Issue
By David T. Beito and Ilya Somin: "Few policies have done more to destroy community and opportunity for minorities than eminent domain. Some 3 to 4 million Americans, most of them ethnic minorities, have been forcibly displaced from their homes as a result of urban renewal takings since World War II."
An Elephant Never Forgets?
By Tim Lee: "Transparency is an important tool for limited government. Senior administration officials are more likely to behave themselves if they know their correspondence is subject to subpoena and will be available for the scrutiny of future historians. It’s therefore troubling that for most of the last 8 years, the Bush administration has failed to have an automated system in place for complying with the law as his predecessor did."
America on drugs
"In the Los Angeles Times, Jacob Sullum debates Cully Stimson about drug policy in a back-and-forth argument that's wraps up today."
Employers Must Pull the Trigger
By Robert A. Levy: "The owner of the property should be able to determine — for good reasons, bad reasons, or no reason at all — whether to admit gun owners, non-gun owners, neither or both. Customers, employees and guests who object may go elsewhere. That's the controlling principle."
Bail Bondsmen, Bounty Hunters and Private Prisons
"America’s free enterprise system is at work in many aspects of the criminal justice system. Profit-making bail bondsmen who help defendants post the money needed for their freedom pending trial are common in the U.S. but virtually unheard of across the rest of the world. Bounty hunters lured by big payouts find criminals who have previously eluded the police. And private companies are building and operating prisons and detention facilities."
The Dance, Dance Revolution Will Be Televised After All
By Julian Sanchez: "The plan had been to celebrate the birth of the author of the Declaration of Independence by congregating, flashmob style, for ten minutes of quiet iPod-fueled dancing, then repair to a pub nearby. Instead, park police brought the party to an abrupt halt, arresting 28-year-old Brooke Oberwetter and leading her away in handcuffs, while chasing the rest of the group off."
FISA Funny Business
By Julian Sanchez: " The terrorist attack had been as devastating as it was unexpected. Convinced that better intelligence was the key to preventing fresh attacks, the president resolved to seek legislation granting the executive branch broad new wiretapping powers. But he had a problem: The opposition party, which controlled Congress, was equally determined to block provisions that they saw as an affront to privacy."
Armed for Liberty
By Alan Gura and Robert A. Levy: "Imagine a right — intended, in part, as a deterrent to oppressive government — that can be exercised only when, where, and in the manner that government directs. "
Wiretapping's True Danger
By Julian Sanchez: "Without meaningful oversight, presidents and intelligence agencies can -- and repeatedly have -- abused their surveillance authority to spy on political enemies and dissenters."
The D.C. Gun Ban Supreme Court Case
Tom Palmer, a senior fellow at the Cato Institute, talks about the DC gun ban on Reporter's Roundtable.
Spitzer's Hypocrisy: Worse Than You Think
By Paul Karl Lukacs: "Libertarians are understandably of two minds about L’Affaire Spitzer. On the one hand, a dedicated public servant will probably lose his job, and may be indicted, due to consensual liaisons and payments that should be a private matter completely outside the ambit of Justice Department wiretaps. On the other hand, Spitzer’s been hoisted by the moralistic petard that he can regulate any and all sexual behavior with which he disagrees, wherever it occurs. As Barabash said Monday, 'It couldn’t have happened to a nicer guy.'"
The Wire's War on the Drug War
By Ed Burns, Dennis Lehane, George Pelecanos, Richard Price, David Simon: "If asked to serve on a jury deliberating a violation of state or federal drug laws, we will vote to acquit, regardless of the evidence presented. Save for a prosecution in which acts of violence or intended violence are alleged, we will — to borrow Justice Harry Blackmun's manifesto against the death penalty — no longer tinker with the machinery of the drug war. No longer can we collaborate with a government that uses nonviolent drug offenses to fill prisons with its poorest, most damaged and most desperate citizens."
I'd rather be Hanged for a Sheep than a Lamb: The Unintended Consequences of 'Three-Strikes' Laws
By Radha Iyengar: "Using criminal records data, I estimate that Three Strikes reduced participation in criminal activity by 20 percent for second-strike eligible offenders and a 28 percent decline for third-strike eligible offenders. However, I find two unintended consequences of the law. First, because Three Strikes flattened the penalty gradient with respect to severity, criminals were more likely to commit more violent crimes. Among third-strike eligible offenders, the probability of committing violent crimes increased by 9 percentage points. Second, because California's law was more harsh than the laws of other nearby states, Three Strikes had a "beggar-thy-neighbor" effect increasing the migration of criminals with second and third-strike eligibility to commit crimes in neighboring states."
Gun Buybacks a Noble Idea That Always Misfires
By Alex Tabarrok: "Did no one running the program think to look at the price of a new gun? In fact, the first two people in line at one of the three buyback locations were gun dealers with 60 firearms packed in the trunk of their car. One wonders why the police even bothered to buy the guns from Oakland residents. Why not buy directly from gun manufacturers?"
Limits on Eavesdropping Need to Stay
By Timothy B. Lee and Gene Healy: "Modern computer technology makes the potential for the abuse of unfettered executive power much greater today. Judicial oversight is at least as important in the 21st century as it was in the 20th, and Congress should resist Bush's demand for unchecked spying powers."
The Bite-Marks Men
By Radley Balko: "These may turn out to be the first in a string of exonerations we'll see coming out of Mississippi. For the last 20 years, the state's criminal autopsy system has been in disrepair. Nearly every institution in the state has failed to do anything about it."
No, a President Can't Do as He Pleases
By Edward H. Crane and Robert A. Levy: "For many years, we were at risk of losing important civil liberties through unchecked transgressions by the executive branch. Maybe we are still at risk. But thanks to the media, the courts and — belatedly — an energized opposition in Congress, the administration has finally resigned itself to a semblance of congressional oversight, even if judicial scrutiny remains inadequate."
The Surveillance Scam
By Timothy B. Lee: "In his State of the Union address, President Bush pressed Congress to quickly pass legislation to make permanent the sweeping spying powers that Congress granted last August. Those powers, which include the ability to eavesdrop on foreign-to-domestic communications without meaningful judicial oversight, were due to expire last week. Congress has passed a two-week extension of the law, but that barely gives Congress time to catch its breath before the White House resumes its campaign to make it permanent."
The Whys of Spies
By Jacob Sullum: "Last August, panicked at the prospect of an imminent terrorist attack that could be averted only by granting the executive branch new surveillance powers, Congress passed the Protect America Act. With the law scheduled to expire this month, the Bush administration is trying to scare Congress into making the powers permanent."
U.S.-Imposed Border Bedlam Will Hurt Michigan
By Jim Harper: "Nobody imagined when Congress created the Department of Homeland Security that the department itself would mount the next attack on American transportation, travel and trade. But the department begins an assault this week that will do billions of dollars in damage if it is not stopped."
An Empirical Analysis of Street-Level Prostitution
By Steven D. Levitt and Sudhir Alladi Venkatesh: "Unlike most other crimes, prostitution is based on markets, and thus potentially of special interest to economists. It is thus surprising that amidst the burgeoning literature on the economics of crime, there is little analysis of prostitution."
Paths to Property
By Karol Boudreaux and Paul Aligica: "The study finds that the “easy option” of agencies entering less-developed countries and using blueprints to try to recreate institutions in Africa that work effectively in the West often fails miserably. Indeed, the failures of such approaches can give the whole privatisation and property rights process, vital for sustainable economic growth, a bad name."
Raw Deal
By Sallie James: "Hollywood had better hope that a services liberalization deal reached Dec. 17 between the United States and the European Union holds. Without a successful resolution to the long-running Internet gambling dispute, American movies, music and software could be vulnerable to copyright infringement."
Regulatory Competition: A Primer
By Jennifer Smith-Bozek: "A given government jurisdiction—local, state, or federal—can provide regulatory alternatives to compete with those of another government. Regulatory competition can attract more businesses and jobs, yield regulations that are more efficient and less expensive, and thereby provide more options to consumers."
Laws Against Reason
By Jennifer Rosen: "Ever since the repeal of Prohibition, alcohol laws in this country have been a bit nutty. Take the business of bars. Some states mandate sitting, while others require standing at the bar to drink. Texans may take up to but not more than three sips of beer while standing. Some jurisdictions require the interior of public drinking establishments to be visible from the street; others specifically prohibit that."
Flunking Free Speech: The persistent threat to liberty on college campuses
By Michael C. Moynihan: "According to a dossier compiled by FIRE, incoming freshman were required to undergo "treatment" (the university's word) by residence hall apparatchiks, and forced "to adopt highly specific university-approved views on issues ranging from politics to race, sexuality, sociology, moral philosophy, and environmentalism." These young scholar-scamps in Wilmington are told solemnly that they are, according to the precepts of the university, carriers of racist original sin: '[A] racist is one who is both privileged and socialized on the basis of race by a white supremacist (racist) system. The term applies to all white people (i.e., people of European descent) living in the United States, regardless of class, gender, religion, culture or sexuality.'"
New Handshake, Same Grip
By David Nather: "For the past seven years, George W. Bush has expanded presidential power in ways that no one could have predicted when he took office. He and Vice President Dick Cheney have worn their independence — from oversight by either lawmakers or judges — as a badge of honor, necessary to keep the nation safe from another terrorist attack and restore what they have regarded as a weakened presidency. But the cost has been a poisonous friction with Congress and a growing public perception that they simply weren’t interested in checks and balances."
Government Power Grabs: 'Predicting' 2008
By Radley Balko: "As the end of the year approaches, it's time for another column of government overreach predictions for the New Year. What outrageous, beyond-parody grabs at power and erosions of civil liberties will transpire in 2008?"
Restoring Habeas
By Julian Sanchez: "No American would accept the proposition that one of our citizens, having been cleared of wrongdoing by American courts, could be abducted by a foreign power and imprisoned for years, only to have his fate determined by a kangaroo court that flouted the most elementary procedural rights. The Supreme Court should not accept it from our government either."
Bill of Rights Day
By Tim Lynch: "Since today is Bill of Rights Day, it seems like an appropriate time to pause and consider the condition of the safeguards set forth in our fundamental legal charter."
Mugabe's Apologists
By Marian Tupy: "Robert Mugabe's participation in the European Union-Africa summit in Lisbon over the weekend was a triumph of Zimbabwean diplomacy. Both African and EU leaders must share the blame for this farce. Zimbabwe's foreign ministry managed to portray the octogenarian dictator, who has presided over widespread violations of human rights and an astonishing economic collapse, as the victim of a Western conspiracy."
A Bill of Rights Europe Did Not Need
By Anthony de Jasay: "Even if it were less woolly and silly, the Charter of Fundamental Rights could hardly become a force for good."
Free to Booze
With Brandon Arnold: "Cheers! Today is the 74th anniversary of the repeal of Prohibition. On December 5, 1933, Utah became the 36th state to ratify the 21st Amendment, thereby repealing the 18th Amendment and ending our 13 years as a dry nation."
Carefully Plotted Course Propels Gun Case to Top
By Adam Liptak: "Robert A. Levy, a rich libertarian lawyer who has never owned a gun, helped create and single-handedly financed the case that may finally resolve the meaning of the Second Amendment."
Big Ideas Need Small Places
By Jesse Walker: "The desert republic of Molossia doesn’t appear on many maps, and it doesn’t have a seat in the United Nations. But if you drive about 18 miles northeast from Carson City, Nevada, you’ll find it."
Is Feminism on the Wane?
Feminism has come to mean many things to many people. Carrie Lukas, Vice President of the Independent Women's Forum, argues that feminism was once a movement of equality under the law and equality of opportunity. She says it now often represents expansion of government to achieve dubious ends.
Kurt Loder on Technology and Freedom
"A legend for his work in Rolling Stone and at MTV, Loder is an outspoken libertarian--and a harsh critic of the nanny state in all its manifestations. In this wide-ranging conversation, Loder discusses technology, freedom, the coming collapse of traditional news media (and why that's a good thing), the misguided (and ultimately ineffective) attempt to shut down free expression, and much more."
Supremes to Hear Second Amendment Case
With Robert A. Levy: "For the first time in nearly 70 years, the Supreme Court has agreed to examine the meaning of the Second Amendment. That's good news for all Americans who would like to be able to defend themselves where they live and sleep. And it's especially good news for residents of Washington, D.C., which has been the murder capital of the nation despite an outright ban on all functional firearms since 1976."
National City: Eminent Domain Gone Wild
Reason.tv host Drew Carey visits National City, California, where the local government is taking eminent domain abuse to new lows.
Unholster the 2nd Amendment
By Robert A. Levy: "Later this month, the Supreme Court will decide whether to review the circuit court's blockbuster opinion in Parker vs. District of Columbia, the first federal appellate opinion to overturn a gun control law on the ground that the 2nd Amendment protects the rights of individuals."
Do More Cops Equal Less Crime?
By Steve Chapman: "If more cops really translate into safer streets, you would think local taxpayers would be more than willing to bear the expense. But if they don't think their safety is worth what it costs, why should the rest of us foot the bill?"
Free Kareem!
Dr. Tom G. Palmer, Cato's Vice President for International Programs, speaks out against the imprisonment of a young Egyptian blogger. November 9th marks the one year anniversary of Kareem's incarceration. For more information about the global effort to free Kareem, and about rallies in your area, visit www.freekareem.org .
Is Pornography a Catalyst of Sexual Violence?
By Steve Chapman: "In the 1980s, conservatives and feminists joined to fight a common nemesis: the spread of pornography. Unlike past campaigns to stamp out smut, this one was based not only on morality but also public safety. They argued that hard-core erotica was intolerable because it promoted sexual violence against women." Recent research suggests the opposite is true.
Schwarzenegger Vetoes Justice
Radley Balko "looks at three criminal justice reforms passed by the California legislature that shouldn't have been all that controversial, and that would have done quite a bit to help prevent wrongful convictions. Unfortunately, the Governator vetoed all three of them."
Drew Carey Defends Medical Marijuana
"I think it’s clear by now that the federal government needs to reclassify marijuana. People who need it should be able to get it – safely and easily," says The Price Is Right and Power of 10 host Drew Carey in a new Reason.tv video examining medical marijuana and the war on drugs.
Intellectual Property and the Property Rights Movement
By Peter S. Menell: "Should intellectual property be accorded the same protections as tangible property?"
In Defense of Scalpers
By David Harsanyi: "In the end, I’m not sure why it’s fair to allow monopolies to sell tickets and not individuals. Turning a profit on your investment doesn’t sound like a crime to me. It sounds like America."
Overkill: The Rise of Paramilitary Police Raids in America
By Radley Balko: "Americans have long maintained that a man’s home is his castle and that he has the right to defend it from unlawful intruders. Unfortunately, that right may be disappearing."
Restoring the Lost Constitution
With Randy Barnett: "The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government."
The Truth About Medical Marijuana
By Steve Chapman: "The mystery is not why anyone believes cannabis can be safe and effective therapy. The mystery is why so many politicians, particularly Republican presidential candidates—Ron Paul, a physician, being the heroic exception—are unwilling to consider the possibility, or to leave the matter up to the states."
CSI: Mississippi - A case study in expert testimony gone horribly wrong
By Radley Balko: "During the last two decades, there have been more than a dozen high-profile cases in which dubious forensic witnesses conned state and federal courts, sometimes for many years and in hundreds of cases."
A Dangerous Position on Darfur
By Ted Galen Carpenter and Christopher Preble: "The suffering in Darfur cries out for action, but it is not clear that it calls for military action, much less that U.S. troops should lead the effort. There are dozens of countries that have far greater tangible interests at stake in Darfur than does America, and many of these countries also possess the capacity to deploy forces there."
Getting Kareem Freed
By Tom G. Palmer: "Four years in prison for blogging: three of them for inciting 'hatred of Islam' and one for 'insulting the president.' That's the sentence handed down by an Egyptian judge to a young Egyptian blogger, Abdelkareem Nabil Soliman, generally known in the blogosphere as 'Kareem.'"
China's Legacy: The Thoughts of Lao Tzu
By James Dorn: "China's present leaders are calling for a "harmonious society", but this is impossible without widespread freedom and a rule of law that limits the power of government to the protection of people and property. "
Global Warming: No Urgent Danger; No Quick Fix
"Fact: The average surface temperature of the Earth is about 0.8 C warmer than it was in 1900, and human beings have something to do with it. But does that portend an unmitigated disaster? Can we do anything meaningful about it at this time? And if we can't, what should or can we do in the future?"
On Earth Day, Remember The Humans
By Indur Goklany: "On Earth Day, we should renew our promise to keep the environment clean—without adding to human misery or stalling improvements in the human condition."
Infidel: My Journey from Somalia to the West
By Ayaan Hirsi Ali: "I am sad that women who have inherited this social order, this civilization called the West, with its values of human rights, curiosity, trust, and integrity, might stand by and watch its decline."
Funding the REAL ID Act: Improved Homeland Security or More Washington Waste?
Featuring: David Williams, Vice President of Policy, Citizens Against Government Waste; Andrew Moylan, Government Affairs Manager, National Taxpayers Union; and Jim Harper, Director of Information Policy Studies, Cato Institute.
Corporate Crime
In the wake of Enron and other corporate malfeasance, the Sarbanes-Oxley Act added more regulation to the already 300,000+ federal crimes that corporations may commit. While corporations should be held accountable to the law, one wonders if more government is really the answer. What are the effects of Sarbanes-Oxley? Are American businesses and markets being damaged by too much government interference? Is it true that the new regulations actually undermine the ability of corporations to monitor themselves?
Federal Sentencing Guidelines
"Tough on crime" sentencing rules can discourage even innocent people from exercising their constitutional right to a trial by jury: The risks have simply grown too great, and sometimes the poor no longer care even to contest the charges, because the costs outweigh the benefits. Tough penalties and plea bargains may mean that justice is in effect bought and sold, not determined in a court of law.
Federalization of Crime
"Hate Crimes" and other violations committed on the state and local levels are increasingly yielding to extra-constitutional federal jurisdiction. Are these crimes legitimately federal concerns? Is federalization an end-run around double jeopardy protection? Can the prospect of federal charges be used to coerce plea bargains?
Hate Crimes
"Hate crimes" are a class of violent criminal acts already illegal in every jurisdiction in America, but have been granted federal jurisdiction. While the proponents of "hate crimes" legislation undoubtedly have noble intentions, the expansion of federal power to these crimes can have disastrous consequences. Is the expansion of federal powers constitutional? Do these laws subvert double jeopardy protections? Are the local law enforcement officials failing to convict offenders or is the "hate crimes" statute unnecessary?
Prosecutorial Abuses
Prosecutors today are increasingly using plea bargains as leverage to get accused persons to plead guilty or face extraordinary sentences for crimes they may not even have committed. Should plea bargains be eliminated or reduced? Are prosecutors over-stepping their prerogatives? Are innocent people being coerced to plead guilty to escape harsh jail terms?
Center for Constitutional Studies
The Cato Center for Constitutional Studies is at the forefront of the fight to preserve liberty in this country. Our scholars appear on television news and current affairs programs and their writings can be found in law journals, Cato publications, and nearly every major national newspaper. Their focus is to return this country to first principles - namely the ideas of individual rights and limited government. The Center's leaders have argued before the Supreme Court and other federal benches, as well as filing amicus briefs on behalf of those whose liberty has been threatened.
A Constitutional Studies Reading List
A reading list of documents which outline the basic tenets of federalism, limited government and the concept of ordered liberty. Listed here are the essential arguments in favor of returning to the constitutional framework the Founders created.
Civil Liberties in Wartime
The attacks of September 11, 2001 changed the nature of warfare. They also caused many to think hard about the apparent tradeoff between safety and freedom. Cato scholars address the effect of war on civil liberties.
Civil Rights
Most people today agree that discrimination is a bad thing. But there is less consensus about how to eliminate it, or whether government is authorized to do so. Cato scholars share their ideas on market-driven approaches to civil rights issues.
Constitutional Theory and Limited Government
The Constitution limits the potentially overbearing powers of the federal government by articulating specific limits of executive, legislative, and judicial authority, while ensuring that the rights of citizens are protected. The principle of limited government is paramount to our understanding of the Constitution. Cato constitutional scholars delve into the Constitution and apply theories of limited government.
Economic Liberties
Private property, free exchange, and the rule of law are all fundamental to a functioning, efficient market economy. In this section, scholars from the Cato Institute share ideas on economic liberty; specific areas of interest include international trade, regulation and licensing, taxation and prohibition. From the unintended consequences of regulation to its effects of growth, check out the state of economic freedoms.
Election Law
Our electoral system is designed to ensure representative government and accountability for those elected. Reforms to our election laws promise to "level the field," but many see them as incumbency protection mechanisms. See why campaign finance reform and other election reforms may not be all they seem.
Judicial Nominations
What is the role of the judiciary in the American system of government? What cases are to be made for activist versus constructionist judges? If the judiciary is to be "the bulwark of our liberties," what principles should guide judicial appointments? We explore judicial nominations with these ideas in mind.
Federalism
Pushes for nationalized healthcare, increased federal control of schools, and universal environmental standards are causing people to reexamine the relationship of the nation to its states. What rights and responsibilities lie with the individual states? What are the constitutional charges to the federal government? Cato's constitutional scholars explore federalism and states rights.
Judicial Philosophy
Much is heard in the media about judicial philosophy: Judges are said to be originalist, textualist, living constitutionalist, activist or deferential, all by virtue of their philosophy. On this page, Cato scholars discuss various judicial philosophies and what they mean in the struggle for individual liberty.
Political Philosophy
Political philosophy and practical politics are rarely found together; in the compromise-laden business of governing, attention to principle can disappear entirely. The Cato Institute prides itself on standing firm for what it believes in, and for championing its philosophy of liberty even when it's unpopular. Here are some discussions by Cato scholars about the value of taking a principled stance in politics, and of remaining true to one's philosophical convictions.
Rights Theory
Rights theory is the philosophy of a free society. Often the best way to protect individual rights is simply to make the moral case for individual autonomy. Here is a sampling of Cato scholars' work in this vein, on issues ranging from the Federal Marriage Amendment to the federal war on obesity.
Separation of Powers
Taking its cue from Enlightenment thinkers like Montesquieu, the U.S. Constitution provides for separation of powers in the federal government. It also divides power among states and the citizens themselves, because separation of powers is fundamental to warding off attempts to usurp authority and destroy liberty. These issues are still alive today, Cato experts argue, and we still need these valuable divisions of authority.
Supreme Court
The Supreme Court is crucial to our political system in its ability to check executive and legislative power. Cato's expert weigh in on the history of Supreme Court decisions. How successful has the Court been at defending our liberties against encroachments by the other branches? What decisions have changed the balance of liberty in the past? Take a look and find out.
Term Limits
The founding fathers understood the dangerous implications of concentrated power. They envisioned a "citizen legislature," having had first-hand experience with the perils of venal politicians and despotic rulers. Today, there is a call for increased accountability and diffused power in government through term limits. See why Cato scholars think term limits are a good idea.
1st Amendment
The five fundamental freedoms enumerated in the First Amendment are the jewel in the crown that is the Bill of Rights. How these rights are interpreted continues to spur debate within the public and private sectors. Cato legal scholars weigh in on the evolution of the First Amendment and its implications for modern society.
2nd Amendment
The Second Amendment has stepped back into the limelight as a great source of legal and political contention. Taking an historical as well as a modern approach to gun legislation, Cato scholars interpret the Founders' intent toward protecting the right to bear arms.
4th Amendment
The Fourth Amendment is firm and unambiguous in protecting citizens who are suspected or accused of crimes. Yet over the years, the courts have carved out many exceptions to its clear language. Here, Cato scholars dissect the "Drug War exception," the USA-PATRIOT Act, and other potential threats to the rights of the accused.
5th Amendment
The right to private property is a fundamental aspect of liberty. Has the government gone too far with its power to seize property for public use? When does regulation become so pervasive that it really amounts to a taking of property? Cato scholars examine the defense of private property in a regulated world.
9th Amendment
Liberty is the philosophical foundation of the American republic, and the Ninth Amendment was written to guarantee that rights not directly mentioned in the Constitution were still to be respected by the federal government. What is the state of the Ninth Amendment today? See why the widely misunderstood Ninth is actually a crucial part our Bill of Rights.
10th Amendment
The Tenth Amendment restates the idea that the powers granted to the federal government are few and defined. So how did we get to the welfare state that we have today? Cato scholars illustrate how many programs politicians currently support may not be constitutional at all.
14th Amendment
What is due process? What does the equal protection clause mean? Are states obliged to protect the rights guaranteed in the federal Constitution? Cato scholars examine the Fourteenth Amendment, a key protection of individual liberty from the post-Civil War era.
Law and Legal Issues at Cato
Cato's legal scholars, some of the best minds in the legal field, discuss the American legal system through the perspectives of the Founders and with a presumption of liberty.
Antitrust
Laws against so-called anti-competitive behavior can end up hurting consumers. They can also amount to special rights for certain corporations against others. Cato scholars take an economic approach to antitrust and expose another side to trust-busting.
Drug Reimportation
As modern "miracle drugs" play a growing role in medical practice, drug prices in America soar far beyond prices in the rest of the world. Yet our law prohibits Americans from buying American-made drugs abroad at those prices and "reimporting" them to the United States. The current ban should be lifted, therefore, not to encourage reimportation, but to allow incentives to surface that will bring wider use of market practices.
Environmental law and Regulation
Global warming, foreign oil, species extinction and other topics are discussed by Cato scholars. Capitalism is often blamed for environmental problems, but private property rights and the rule of law can offer environmental protections where relatively simplistic regulatory strategies fail.
2nd Amendment Law
Gun control measures prevent law-abiding citizens from defending themselves. They do little or nothing to deter crime. The Cato Institute has been at the forefront of the legal battle to protect citizens' Second Amendment right to bear arms, and here are some of the key publications its scholars have produced in this area.
Labor Law and Regulation
Collective bargaining should be like all other bargaining in a free society -- voluntary. When the government takes the side of unions, consumers and the economy both suffer. So do many workers. Cato scholars explain why.
Products Liability
From tort reform to tobacco, the Cato Institute covers all aspects of products liability, discussing the proper role of the government in protecting the rights of consumers.
Sexual Harassment
Sexual harassment laws are nothing if not well-intentioned. But are they overburdening and perhaps discriminatory in and of themselves?
Tobacco
Cato's legal scholars discuss the unnecessary use of federal power to regulate the tobacco companies on behalf of the American consumer. While it may be the case that tobacco companies hid information from the consumer regarding the health effects of smoking, federal regulation should not replace the judicial system when dealing with any possible legal remedies regarding this issue.
Torts and Class Action Reform
It has long been understood by members of the health care community that the growing burden of medical liability insurance is making it increasingly difficult for physicians to maintain their practices. Yet where does government overstep its bounds by limiting payouts to tort plaintiffs? Cato scholars discuss common sense approaches to torts and class action reform.
A Criminal Justice Reading List
Criminal justice is a popular theme in entertainment, but TV and the movies often give a skewed picture of what the real justice system is like. Here is a reading list on criminal justice, offering facts and figures about crime and law enforcement in America.
Police Tactics and Misconduct
In a free society, the police work for the people and protect their rights. It's also our job to watch over them and make sure that they do not abuse their power. Cato scholars answer this charge with a look at police abuses across the country, including deadly no-knock drug raids, police corruption, and the use of excessive force.
Regulation Magazine
Regulation has examined every market, from agriculture to health and transportation, and nearly every government intervention, from interstate commerce regulation to labor law and price controls. It is an expansive publication - casting a powerful light onto the overall impact of regulatory polices to give you sharp, comprehensive perspectives; and, precise - exploring key subjects with incisive, point-by-point analysis.
Global Warming: Should Victims receive compensation?
"If one takes a position of principle, do those who are harmed by global warming have the right to compensation from those who contributed to it?"
Libertarianism: A Primer
David Boaz presents the essential guidebook to the libertarian perspective, detailing its roots, central tenets, solutions to contemporary policy dilemmas, and future in American politics. He confronts head-on the tough questions frequently posed to libertarians: What about inequality? Who protects the environment? What ties people together if they are essentially self interested? A concluding section, "Are you a Libertarian?" gives readers a chance to explore the substance of their own beliefs. Libertarianism is must reading for understanding one of the most exciting and hopeful movements of our time.
Costly Federal Agencies
Your tax dollars aren't necessarily hard at work. Eliminating these costly departments and agencies would save Americans their hard-earned dollars and help return the federal government to its constitutional limits.
The Institution of Property
David Schmidtz discusses the institutional history of property as the right to exclude others from using one's possession.
The Common Law: How it protects the environment
"The purpose of this PERC Policy Series paper is to show, by examining specific cases in American and English history, that strong legal traditions enabled ordinary citizens to protect their air, land, and water, often against politically potent parties."
'Knowing' Industrial Pollution: Nuisance Law and the Power of Tradition in a Time of Rapid Economic Change, 1840 – 1864
Experience shows that Common Law and Private Property Rights can be an alternative to top-down regulation on air pollution. In this essay, Christine Meisner Rosen examines nuisance law "from the perspective of an environmental historian who is interested in how people made sense of industrial pollution problems in the past."
Public Power, Private Gain
This comprehensive report, prepared by the Institute for Justice and senior attorney Dana Berliner, carefully catalogues the extent of the problem of eminent domain abuse. It illustrates how municipal good intention, often for urban redevelopment or economic promise, can be unfairly built upon the rightful ownership of others. When projects are carried out heavy-handedly and unnecessarily, not through voluntary transaction, but coercion, the protection of property is eroded and our bedrock freedom to decide upon our own course is worn away.
Are Patents and Copyrights Morally Justified? The philosophy of property rights and ideal objects.
By Tom Palmer: "Without scarcity, an argument based either on the realization of freedom or on finding a solution to coordination games cannot generate a property right. Tangible goods are clearly scarce in that there are conflicting uses. It is this scarcity that gives rise to property rights. Intellectual property rights, however, do not rest on a natural scarcity of goods, but on an 'artificial, self created scarcity.'"
A Better Way to Protect Endangered Species
Laura E. Huggins argues that for wildlife conservation to be successful, negative restrictions on landowners must be replaced with positive incentives.
Globalization, Cosmopolitanism, and Personal Identity
Many critics of increasing freedom of trade and of movement, and the phenomena of cosmopolitanism and globalization that result from such freedom, insist that the consequence of greater trade and movement is a net loss of identity. Globalization is, they allege, destructive of personal identity itself, which they see as reliant on sharply delineated differences among cultures. In this paper, Tom Palmer sets out the anti-globalist critique and then shows that cosmopolitanism and globalization are hardly new phenomena, but have deep roots in European civilization.
Constitution Day
The Supreme Court: Past and Prologue A Look at the October 2006 and October 2007 Terms
Rent Seeking Behind the Green Curtain
Jonathan H. Adler explains that "due to the cost and complexity of environmental rules, the environmental policy arena presents an extremely attractive target for those who wish to seek rents in Washington. Indeed, if there is one consistent interest group, it is the inside-the-beltway consultants, lobbyists, and litigators, who benefit from the continuation of a Byzantine regulatory structure, the intimate knowledge of which is incredibly valuable and rare."
Community-Run Fisheries: Avoiding the "Tragedy of the Commons"
By Donald R. Leal: "Community-Run Fisheries: Avoiding the "Tragedy of the Commons" presents case after case of communities that have effectively protected their fishing territories and preserved fish for the future."
Property Rights on Imperial China's Frontiers
By Peter C. Perdue: By looking at how China's Qing dynasty handled several cases of land settlement in the eighteenth century, Peter C. Perdue shows that the state did respect private property rights, but it intervened to change rights to land for political and economic purposes.