Saturday, October 21, 2017

How the Constitution Has Been Twisted to Undermine the Free Market

 Judge Andrew P. Napolitano was the opening night speaker of the Mises Institute 35th Anniversary Celebration.  The YouTube video of his speech is 52 minutes long and I recommend that you take the time out of our schedule to view all of it.

  Video of speech

The full transcript of the speech (that is auto generated by YouTube) is available at this link:

If you do not watch the entire speech you are doing yourself a great disservice.  But if that is your decision, then please at least read these highlights:


... when Jefferson writes in the Declaration of Independence that all men are created equal and endowed by their creator with certain inalienable rights the reference to "by their creator" and "the inalienability of rights" is the recognition of the natural law, that our rights come from our humanity ... our rights come from our humanity and not from the government.  This is the theory of the natural law.


We fought a revolution and won the revolution and wrote the constitution, the purpose of which was to define the government and confine the government.  Define and confine at the same time.  There was of course in Philadelphia in 1787 a lot of disagreement over what the Constitution was going to look like.  In fact if you recall your history and I'm sure you do the delegates were sent to Philadelphia in 1787 not to write a constitution but to offer amendments to the Articles of Confederation.



The Commerce Clause [of the Constitution] which permits the government the federal government the Congress to regulate commerce among the several states is the favorite hook for the Congress today and the courts today to hang their hat on when they want to engage in expansive federal authority ... the original meaning of the Commerce Clause was to regulate the movement of goods between merchants as that crossed state lines stated differently to get rid of state tariffs.



Madisonian government ... that concept is that the federal government can only do what is specifically authorized to it in the Constitution.  Justice Scalia put a sort of tail on that with his theory of originalism, which means that the Constitution, if it is the supreme law the land, can't change with the passage of time and it must mean the same thing today as was the original public understanding of it at the time it was ratified.   If Little Jimmy [James Madison] and big Nino [Justice Scalia] had their way then the Commerce Clause would have its original public meaning which was giving only to Congress the power to regulate the movement of goods between merchants as they cross the interstate lines.




... a famous farmer named Roscoe Filburn in an infamous [supreme court] case during World War II decided that all the wheat in his backyard would not be sold, it would be ground by Mrs. Filburn into flour and she would bake it into baked goods for your family.  Can that be regulated by the federal government?  Answer, yes.  Because by not putting that wheat into interstate commerce there was theoretically an effect on Interstate Commerce and since Congress can regulate anything that affects interstate commerce and can regulate what Roscoe Filburn does with his wheat in his backyard.




Woodrow Wilson turned Madisonian democracy on its head.   [in the] Madisonian [theory] the government the federal government can only do what it is expressly authorized to do in the Constitution.  Wilsonian the federal government can do whatever it needs to address a national problem and for which there is political will except that which is expressly prohibited to it in the Constitution.  So these are really polar opposites and I'm sorry to tell you that every president of the United States since Woodrow Wilson no matter what the president has said, no matter what the times required, no matter what war was being fought, no matter how prosperous we may have been at the moment, has been a Wilsonian.




I expect that I will die, when I do, faithful to my first principles to our first principles in my bed in my house surrounded by people that love me.  But not all of you particularly the young people will have that luxury.  Some of you will die in a government prison faithful to first principles and some of you may die faithful to the first principles in a government Town Square to the sound of the government's trumpets blaring.  When the time comes to make that horrible decision, stay faithful to the first principles or give in to the government, you will know what to do because freedom lies in the human heart and while it is there, no tyranny of the majority and no tyrant can take it away, but you must exercise, it it must do more than lie there.

Monday, September 25, 2017

Can There be an "After Socialism"?

The following essay by  Alan Charles Kors was published by The Atlas Society on September 27, 2003:

This is a powerfully worded indictment of politicians and intellectuals for their lack of atonement for supporting socialism.  One of the highlights from the essay is this paragraph:

"No cause, ever, in the history of all mankind, has produced more cold-blooded tyrants, more slaughtered innocents, and more orphans than socialism with power. It surpassed, exponentially, all other systems of production in turning out the dead. The bodies are all around us. And here is the problem: No one talks about them. No one honors them. No one does penance for them. No one has committed suicide for having been an apologist for those who did this to them. No one pays for them. No one is hunted down to account for them. It is exactly what Solzhenitsyn foresaw in The Gulag Archipelago: "No, no one would have to answer. No one would be looked into." Until that happens, there is no "after socialism.""

For detailed statistics of the human carnage under socialism see this website:

http://www.scottmanning.com/content/communist-body-count/?fref=gc

Monday, September 11, 2017

Representative Government Suffers from the Principal-Agent Problem


 A recent article by Robert Higgs was published by the Independant Institute.  A few of the highlights are as follows:
...the framers of the U.S. Constitution created an institutional framework for the operation not of a democracy, but of a representative republic. There’s that troublesome word – representative.
It’s not simply that the so-called representatives are bad or corrupt, though they may be. It’s that the job they purport to do cannot be done even by the finest, most uncorrupted representatives imaginable.
No agent can truly represent a variegated group of principals, especially a large one whose members disagree along many dimensions. Some principals will have their interests seemingly fostered; others will not. The latter will simply be bludgeoned by force of law to submit.
The complete article is at this link:

 http://blog.independent.org/2017/08/24/principal-agent-theory-and-representative-government/


Monday, September 4, 2017

Thursday, July 6, 2017

Global Average Surface Temperature Data

The following is from a recent study to test the hypothesis that Global Average Surface Temperature (GAST) data, produced by NOAA, NASA, and HADLEY, are sufficiently credible estimates of global average temperatures such that they can be relied upon for climate modeling and policy analysis purposes.

Conclusion: 
While the notion that some “adjustments” to historical data might need to be made is not challenged, logically it would be expected that such historical temperature data adjustments would sometimes raise these temperatures, and sometimes lower them. This situation would mean that the impact of such adjustments on the temperature trend line slope is uncertain. However, each new version of GAST has nearly always exhibited a steeper warming linear trend over its entire history.

The conclusive findings of this research are that the three GAST data sets are not a valid representation of reality. In fact, the magnitude of their historical data adjustments, that removed their cyclical temperature patterns, are totally inconsistent with published and credible U.S. and other temperature data. Thus, it is impossible to conclude from the three published GAST data sets that recent years have been the warmest ever –despite current claims of record setting warming.

Finally, since GAST data set validity is a necessary condition for EPA’s GHG/CO2 Endangerment Finding, it too is invalidated by these research findings.

The entire study is available at this link:

https://thsresearch.files.wordpress.com/2017/05/ef-gast-data-research-report-062717.pdf