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What Will Amy Comey Barrett Say About Lochner?

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Undoubtedly, leftist opponents of Supreme Court nominee Amy Comey Barrett are going to bring up the Supreme Court’s decision in the 1905 case of Lochner vs. New York. In Lochner, the court held that a state law that set a maximum limit on the number of hours worked by employees was unconstitutional. This was the time, however, that the Progressive movement was battling hard to usher in a different way of life for America, one based on socialism and interventionism. The socialism came in the form of the welfare state, with its crown jewel being Social Security. The interventionism came in the form of government regulation, control, and management of people’s economic activities. The Court’s decision in Lochner was simple and straightforward. The Court relied on the 14th Amendment to declare the law unconstitutional, specifically that part of the amendment that prohibits a state from ...

The Strange Thing about Biden’s Economic Agenda

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Thirteen recipients of the Nobel Memorial Prize in Economic Sciences, representing the universities of Georgetown, MIT, Harvard, Berkeley, Chicago, Yale, Columbia, New York, and Stanford have issued an endorsement of Democratic presidential candidate Joe Biden’s economic agenda: We the undersigned express our support for the economic principles and policies of Joe Biden. While each of us has different views on the particulars of various economic policies, we believe that Biden’s overall economic agenda will improve our nation’s health, investment, sustainability, resilience, employment opportunities, and fairness and be vastly superior to the counterproductive economic policies of Donald Trump. Throughout the coronavirus crisis, Biden has recognized that science-based, public health solutions are critical not only to saving lives, but to any viable strategy to restore economic confidence, recovery, and jobs. Similarly, on issue after issue, Biden’s economic agenda will do far more than Donald Trump’s to increase the economic strength and well-being of our nation and its people. Simply ...

Stakeholder Fascism Means More Loss of Liberty

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A strong wave of anti-free market thinking and policy proposals are currently dominating the debates over the role of government in society. From calls for greater emphasis on income equality, to “saving” the planet from global warming, and on to demands for increased attention to claimed gender and racial “social injustice” inside and outside the marketplace, the presumptions are that personal and economic freedom cannot be trusted to find solutions to these problems, and that politically collectivist methods must be applied to find answers and bring about the desired outcomes through increased government intrusive “activism.” A popular and continuing target is the world of business and corporate decision-making. Private enterprise needs to be reined in, it is asserted, due to the narrow and misplaced presumption that earning profits is the business be all and end all. Corporations and other business entities must take on a wider and greater “social” responsibility in designing and directing their activities with the financial and ...

A Four-Point Plan for Government

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In July 2010, the Department of Homeland Security (DHS), in conjunction with the U.S. Department of Justice’s Nationwide Suspicious Activity Reporting (SAR) Initiative (NSI), launched the “If You See Something, Say Something” national campaign to raise “public awareness of the indicators of terrorism and terrorism-related crime, as well as the importance of reporting suspicious activity to state and local ...