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We Don’t Need No Stinkin’ Constitutional Authority
Bart Hinkle
November 02, 2009 2:45 PM


“Pelosi’s press spokesman, Nadeam Elshami, clarified for the record that asking the speaker of the House to articulate the Constitutional authority for the [individual] health care mandate is not a serious question.”

 

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Plane-Lands-Safely Dept.
Bart Hinkle
November 02, 2009 11:09 AM


McDonnell and Deeds Mostly Mum on How to Fund Their Ideas.

Why should they be different?

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Cliffs Notes
Bart Hinkle
November 02, 2009 10:36 AM


If you’re too busy to wade through all 1,900 pages of the House health-care bill, just count up the number of times the House bill uses the word “shall.“ (Hint: More than 3,000.)

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The Bastiat Prize
Bart Hinkle
November 02, 2009 9:06 AM


The winner of this year’s Bastiat Prize has been announced: John Hasnas, a business ethics professor at Georgetown. He won for his essay, “The ‘Unseen’ Deserve Empathy, Too”:

One can feel for unfortunate homeowners
about to lose their homes through foreclosure.
One cannot feel for unknown individuals who
may not be able to afford a home in the future
if the compassionate and empathetic
protection of current homeowners increases
the cost of a mortgage. . . .

The law consists of abstract rules because we
know that, as human beings, judges are
unable to foresee all of the long-term
consequences of their decisions and may be
unduly influenced by the immediate, visible
effects of these decisions. The rules of law are
designed in part to strike the proper balance
between the interests of those who are seen
and those who are not seen. The purpose of
the rules is to enable judges to resist the
emotionally engaging temptation to relieve
the plight of those they can see and
empathize with, even when doing so would be
unfair to those they cannot see.
Calling on judges to be compassionate or
empathetic is in effect to ask them to undo
this balance and favor the seen over the
unseen.

You can read the whole thing here.

Comments (2)


Saving Lives By Fixing Bad Law
Bart Hinkle
November 02, 2009 9:01 AM


This video from the Institute for Justice** shows how.

_________
** Think of IJ as the ACLU of economic liberty.

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