Showing posts with label conservatism. Show all posts
Showing posts with label conservatism. Show all posts

Antonin Scalia's Jurisprudence: Text and Tradition Review

Antonin Scalia's Jurisprudence: Text and Tradition
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Antonin Scalia's Jurisprudence: Text and Tradition ReviewAccomplished scholar Prof. Ralph Rossum has penned a well-crafted book analyzing the legal opinions and writings of U.S. Supreme Court Justice Antonin Scalia. The result is a solid read about how Justice Scalia views the role of a judge and how he sees himself. At least, Rossum gives his own take on how Justice Scalia sees himself. Obviously, the only person who truly knows how he sees himself is Justice Scalia.
One of the two most interesting chapters is Chapter 2: "Text and Tradition." It summarizes Justice Scalia's textualist approach to statutory and constitutional interpretation. In short, when deciding a given case, the plain meaning of the words contained in statutes or constitution provisions matters. Where the plain text is unclear, a jurist should consult the tradition behind the text to understand what the words mean to those who adopted it. The original understanding of the text rather than any original or even secret intent should be controlling. Justice Scalia's approach is tied to an emphasis upon the democratic decision-making process as the basis for legitimate exercise of governmental authority. Not judicial adventurism and second-guessing of democratic decision-making evidenced by statutes and constitutional provisions.
This book is not lengthy. Nor is it written at a highly technical level. So although Rossum indicates on pg. 37 that Justice Scalia "simply has not developed a well-thought-out understanding of the principles of democracy," Rossum does not elaborate much on the point. One will just have to consult law review articles and the like for more in that regard.
The other chapter making for the most interesting reading is Chapter 3: "Constitutional Structure and Separation of Powers." This portion transitions nicely from the previous chapter and underscores the importance that governmental structure plays in Justice Scalia's views of the constitution. During his SCOTUS confirmation hearings, then-Judge Scalia testified that our division of federal power into three branches with a system of checks and balances has been crucial to the defense of our liberties. Rossum proceeds to analyze important separation of powers opinions written by Justice Scalia, including his infamous, lone-ranger dissent in Morrison v. Olsen (1988) concerning the Ethics in Government Act's provision for an independent counsel. At issue was the constitutionality of vesting the independent counsel of executive power despite its detachment from the President. Also important is Rossum's analysis of Justice Scalia's majority opinion in Printz v. United States (1997). The case is typically known as an anti-commandeering decision, but Rossum highlights the separation of powers rationale that Justice Scalia includes in the opinion.
Later chapters deal with Justice Scalia's approach to substantive individual rights and to individual procedural rights. Justice Scalia's textualist emphasis is to prevent "backsliding" or erosion of important freedoms by judicial re-interpretation of democratically-adopted protections.
Some familiarity with Justice Scalia's opinions or his book, A Matter of Interpretation, makes Rossum's book more worthwhile. But it is not essential. One need not be a lawyer to follow Rossum's overview. Nor need one even agree with Justice Scalia's approach to law or decisions in the cases discussed in the book to benefit from reading this book. The book has a sympathetic tone towards its subject, but it is not an advocacy publication. Rossum even insists while Justice Scalia is remarkably consistent in his jurisprudence that he is nonetheless inconsistent in a few areas of law (e.g., state sovereign immunity.)
Rossum set out to describe the jurisprudence of perhaps the most interesting and discussed jurist on SCOTUS today. The author succeeds and the product is an accessible, informative, and interesting read.Antonin Scalia's Jurisprudence: Text and Tradition OverviewLionized by the right and demonized by the left, Supreme Court Justice Antonin Scalia is the high court's quintessential conservative. Witty, outspoken, often abrasive, he is widely regarded as the most controversial member of the Court.This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire twenty-year Supreme Court tenure. Ralph Rossum focuses on Scalia's more than 600 Supreme Court opinions and dissents-carefully wrought, passionately argued, and filled with well-turned phrases-which portray him as an eloquent defender of an "original meaning" jurisprudence. He also includes analyses of Scalia's Court of Appeals opinions for the D.C. circuit, his major law review articles as a law professor and judge, and his provocative book, A Matter of Interpretation. Rossum reveals Scalia's understanding of key issues confronting today's Court, such as the separation of powers, federalism, the free speech and press and religion clauses of the First Amendment, and the due process and equal protection clauses of the Fourteenth Amendment. He suggests that Scalia displays such a keen interest in defending federalism that he sometimes departs from text and tradition, and reveals that he has disagreed with other justices most often in decisions involving the meaning of the First Amendment's establishment clause. He also analyzes Scalia's positions on the commerce clause and habeas corpus clause of Article I, the take care clause of Article II, the criminal procedural provisions of Amendments Four through Eight, protection of state sovereign immunity in the Eleventh Amendment, and Congress's enforcement power under Section 5 of the Fourteenth Amendment.The first book to fully articulate the contours of Scalia's constitutional philosophy and jurisprudence, Rossum's insightful study ultimately depicts Scalia as a principled, consistent, and intelligent textualist who is fearless and resolute, notwithstanding the controversy he often inspires.

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Unwarranted Intrusions: The Case Against Government Intervention in the Marketplace Review

Unwarranted Intrusions: The Case Against Government Intervention in the Marketplace
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Unwarranted Intrusions: The Case Against Government Intervention in the Marketplace ReviewI agree with nearly everything that the author says. His arguments against the economic effectiveness of government subsidies and intervention in the markets appeal to my libertarian streak and it is well known that many (most?) of the government programs are economically counterproductive. Some are downright silly. One of the most ridiculous, primarily because it went all the way to the United States Supreme Court, is the case of Karen Finley. She was an "artist" whose primary area of expertise was smearing her naked body with food. In special instances, she raised money by having people pay to lick the food, primarily chocolate, off her body. When her NEA grant application was rejected, Finley sued. So silly, yet so significant. For the real issue was twofold.
*) Should the federal government use tax money to fund art?
*) If the answer to the first question is yes, what are the bounds on the art?
And this also raises a more general question concerning the use of public money to benefit small groups, the often-reviled "special interests." For if the federal government could not stop funding the fringe artists, there is no hope of stopping the real expensive cases of corporate welfare.
One of the greatest is the enormous subsidy paid to American farmers to raise surplus food. Not only is it an expensive and deceptive program, it helps to keep subsistence farmers in other countries in poverty. As Fridson points out, while politicians demand that the program be kept alive to preserve the family farm, the reality is that there really is no such thing anymore. Billions of dollars in payments go to large corporate farms, which are the only ones that can grow the cheap food demanded by society at a price that it will accept. The hidden costs paid by the generic taxpayer are rarely factored in, and when they are they are conveniently ignored by the policy makers.
Fridson also debunks the so-called "ethanol solution." Namely, take all of the surplus corn, convert it into ethanol, use it as fuel for automobiles and free the United States from having to import foreign oil. Tax credits and other gifts are used to promote the use of ethanol, with the thought being that farm prices will rise. The reality is that the farmer gets very little of the benefit, the bulk going to the distiller and the retailer. In fact, a Department of Energy estimate stated that every extra dollar of farm income from the use of ethanol costs the taxpayer four. Furthermore, since it takes more energy to produce a gallon of ethanol than can be retrieved from using it, ethanol may actually increase the dependence on foreign oil. Finally, in my home state of Iowa, the bumper stickers praise the use of ethanol, as it is touted as a fuel that burns cleaner. This "fact" has been refuted, although ethanol has some advantages, the different disadvantages mean that overall it pollutes as much as the burning of fossil fuels.
Where I disagree with Fridson is in his unwavering belief in the markets and the thought that people will always act honorably and honestly. As the recent corporate scandals demonstrate, there are crooks in low and high places and only the government can make and enforce the rules that will keep them as honest as possible. However, in general, I agreed with Fridson, all the while knowing how futile the task of trying to change these things for the better is.
Unwarranted Intrusions: The Case Against Government Intervention in the Marketplace OverviewWhat happens when politicians substitute their wisdom for the market's? The result is usually a government subsidy that provides advantage to a special interest group only–but costs everyone and drains the economy. In Unwarranted Intrusions, well-known financial commentator Martin Fridson turns his sharp eye for uncovering opaque financial reporting practices to the U.S. government and examines the economic reality of some of the most popular yet financially draining subsidies. Fridson debunks programs that claim to provide jobs, encourage savings, provide affordable housing, and preserve family farms–among many others. Unwarranted Intrusions is a provocative and exhaustively researched challenge to prevailing political claims of programs that purport to protect the public good.

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City Economics Review

City Economics
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City Economics ReviewThis is an interesting book that covers all the main topics of an Urban Economics course. The writing style is unique and really provides a great compliment to more traditional style Urban textbooks. I recommend the book to anyone trying to learn more about this field.City Economics Overview
This introductory but innovative textbook on the economics of cities is aimed at students of urban and regional policy as well as of undergraduate economics. It deals with standard topics, including automobiles, mass transit, pollution, housing, and education but it also discusses non-standard topics such as segregation, water supply, sewers, garbage, fire prevention, housing codes, homelessness, crime, illicit drugs, and economic development.

Its methods of analysis are primarily verbal, geometric, and arithmetic. The author achieves coherence by showing how the analysis of various topics reinforces one another. Thus, buses can tell us something about schools and optimal tolls about land prices. Brendan O'Flaherty looks at almost everything through the lens of Pareto optimality and potential Pareto optimality--how policies affect people and their well-being, not abstract entities such as cities or the economy or growth or the environment. Such traditionalism leads to radical questions, however: Should cities have police and fire departments? Should tax preferences for home ownership be repealed? Should public schools charge for their services? O'Flaherty also gives serious consideration to such heterodox policies as pay-at-the-pump auto insurance, curb rights for buses, land taxes, marginal cost water pricing, and sidewalk zoning.


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