Tuesday, February 1, 2011

Economic Liberty

When did the United States Supreme Court and Legal System change to work against economic liberty for an individual?

President Roosevelt had a huge reign in office. When the Supreme Court ruled against his New Deal his first term, his second term was when the real changes began. He effected economic liberty but he also opened up the floodgates to a welfare state and regulation society we know today by changing how the United States legal system makes decisions on cases.

In the link from the Future Of Freedom Foundation by Jacob Hornberger, look for these specific sections that made its historic "mark" on America:
1. West Coast Hotel vs Parrish Supreme Court Case
2. President Roosevelts "Court Packing" scheme
3. The one line in the supreme court case that reflects our present day court system
" Liberty under the Constitution is thus necessarily subject to the restraints of due process, and regulation which is reasonable in relation to its subject and is adopted in the interests of the community is due process."

Meaning: "A person is “free” whenever the state has the power to enact any legislation whose ostensible purpose is to protect the health, safety, morals, and welfare of the people."

Ask these questions, Should a government create any law for the sake of creating another law on top of the other? Or do you create a court system that is guided by Constitutional principles that not only created the Rule of Law but helped put a check and balance on Congress and the American people who break laws?

There is no easy answer to this questions since we are a nation of laws on top of laws, thanks to President Roosevelt. It is certainly worth a good debate. Who knows where the debates may lead.

Article Of The Week

Economic Liberty And The Constitution
http://www.fff.org/toc/EL&Ctoc.asp Part 12

Economic Liberty In The News

Regulations Show Courts Have A duty To Protect Economic liberty
http://wislawjournal.com/blog/2010/11/03/regulations-show-courts-have-duty-to-protect-economic-liberty/

5 Businesses Fight against Laws and Policies
http://ij.org/about/3425

Minnesotta Fights For Economic Freedom
http://www.ij.org/mn

Texas Fights For Economic Liberty
http://biggovernment.com/bewing/2010/11/11/texas-entrepreneurs-win-fight-for-economic-liberty/#more-194877

Reason TV Raw Food Raid - The Fight To Eat What You Want
http://biggovernment.com/reasontv/2010/11/17/reason-tv-raw-foods-raid-the-fight-for-the-right-to-eat-what-you-want/

Businesses Must Fight For Economic Liberty
http://cei.org/studies-other-studies/business-must-fight-economic-freedom

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