Liberal Democracy

Liberal Democracy
The Free State

Friday, March 21, 2014

Hoover Institution: Uncommon Knowledge With Peter Robinson- Richard Epstein: 'Crisis & The Law'

Source:Hoover Institution- fellow Richard Epstein, on Uncommon Knowledge with Peter Robinson, in 2009.
Source:The New Democrat

"Considered one if the most influential legal thinkers of modern times, Richard Epstein brings his libertarian views to bear on the current financial crisis --government incentives were perverse, so the actions of the private parties were perverse-- and rates the performances of George Bush and Barack Obama in their responses to the crisis.  He speaks to the importance of contracts and the constitutionality of the expo facto taxation on AIG executives and the Employee Free Choice Act embraced by President Obama.  Finally he speaks of his personal and professional dealings with Barack Obama when they were law school faculty mates at the University of Chicago."

From the Hoover Institution

I guess because of the way I look at the United States Constitution, I would be described as a Liberal Constitutionalist, who looks at the entire Constitution and doesn't pick out parts that I like and rail against the parts that I do not like, which is common among both the Far-Left and far right in America.  Both the left and the right pick and choose the parts of the Constitution they favor and then claim they are upholding the Constitution, but see things they do not favor and support amending the Constitution for the good of the country, however they would phrase that.

I like the Constitution as a whole and am not interested in eliminating any of the amendments, but I might add an official Right to Vote to it as well as update the 1965 Voting Rights Act, which would throw out most of these so-called Voter ID laws that are really voter prevention laws. 

But there are parts of the U.S. Constitution that are my favorites, which is the real point of this post.  I'm going to concentrate on these because they protect our individual freedom and make us a liberal democracy.

What I really love most about the U.S. Constitution are the First Amendment, which guarantees our right to speech and assembly; the Fourth Amendment, which guarantees our right to privacy and protects our property rights, because it means that government can't come into our homes and businesses without what is called "probable cause" and cannot search our properties without a search warrant issued by a judge; and the Fifth Amendment, which again protects our property rights because government cannot take our property without  probable cause.

These rights allow Americans to live their own lives and associate with whom they choose just as long as they aren't hurting innocent people, and allows government to protect us from criminals and invaders but not to protect us from ourselves. As long as we aren't declaring war on the government or illegally leaking classified information, these rights give us autonomy over our own lives.  We should always remember this and not take them for granted.