Constitutional Daily

Founding Principles

The Tenure Paradox - Robot pimp

Slap on the Wrist for "Non-Consensual Sex" - Lampshade, Esq.

Intelligence: The Gathering - Graphic and Gratuitous

Grads are the New Illegals - Robot Pimp

Meet Entitlement Eric - Robot Pimp

Wherein I Solve World Peace - Lampshade, Esq.

A Necessary Delusion - Shadow Hand

Do you even need to shave overhead? - Lawyerlite

LSAT Jenga - Publius Picasso

http://www.constitutionaldaily.com/index.php?option=com_content&view=article&id=1573:legal-reasoning-redux-5&catid=38:there-and-never-back-again&Itemid=65

Time, Place, and Manner

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Which Lever?

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Based on experience and examination of facts, I have concluded the following:

1. Our tax system should be geographically adjusted to address the fact that a guy making $300k in New York or San Francisco is not the same as one making that much in Bismarck or Peoria.

2. Separation of Church and State is a pillar of our democracy, but the better way to ensure it is with tolerance, rather than extreme prohibition. If the religious wish to put trinkets on City Hall's steps around their holidays, and they apply for a permit to do so, let them. Don't have a permit? No display.

3. There is no sensible argument against gay marriage. Either we have it, or the state gets out of the marriage license business.

4. Monetizing debt will never create jobs. We're only doing it because it props up the investor classes, which are filled with old people, who can't go out in the workforce and earn more. This is a lousy bargain. We're stealing from the futures of the young to protect the geriatric. But let me ask you this: Got a better idea? One way or another we're going to pay for the ancient. This seems the least painful method of doing so.

5. Student loan interest should be completely deductible at every income level. No phase out.

6. Student loan interest should be allowed to increase as radically as inflation will allow. This is the only method by which schools will be forced to decrease tuition prices. (See: Inverse relationship between home prices and borrowing costs.)

7. Abortion is a basic human right without which women would be second class citizens. It cannot be given over to the states because lunatic vocal minorities would have it outlawed at that level, thwarting the will of a pragmatic majority.

8. Partial birth abortion, with exception of instances where a mother is in immediate, substantial risk of death, is not a basic human right. The line has to be drawn somewhere.

9. The big banks represent severe systemic risk and inhibit competition, and only exist by grace of the taxpayers who bailed them out. To create more competition in the marketplace and hedge against such risk, they should be broken up, and their defenses against such action be ignored. (That which only exists as a result of taxpayer beneficence forfeits its right to complain when taxpayers change their minds.)

10. Our prison system should not be privatized. The last thing we need is margin-seekers throwing money at penitentiaries. Only the state should have the right to house the imprisoned. If it does not have the capacity to do so, it should examine whether it is over-enforcing and over-sentencing. "Tough on crime" policies that are also "tough on resources" have no place in an economy like ours.

11. A public union member has no business complaining about a $20 increase in health co-pays. People who pick battles that badly deserve only to be ignored.

12. A bond is not a sacred contract. Obama didn't break any moral code when he hosed GM bondholders, nor did Greece when it forced its lenders to take haircuts. A bond is a risk instrument... no chance of loss, no return.

13. Health care while in acute distress is a right. Health insurance is not. That there are economic arguments in favor of everyone receiving health insurance does not elevate the debate to one of morality.

14. Wealth inequality is not a cause of anything. It is a result of changes in the global economy depressing the value of our domestic labor. We could tax the 1% at 100% and it wouldn't pay for one fiscal quarter's worth of our entitlements, or create any meaningful uptick in employment.

15. We are not overpopulated in terms of lacking resources to survive. We are, however, grossly overpopulated in terms of providing enough work to keep all able hands productive. There are simply far more bodies than things that need to be done, and technology widens that spread every day.

16. There is no sensible economic or policy argument for the continued prohibition of marijuana. There is considerable, near insurmountable evidence supporting continued prohibition of cocaine and heroin.

17. Religious liberty does not include the right to enshrine intolerant policies in law using the rhetorical sleight of hand, “Barring me from attempting to enforce my morals on others infringes on the practice of my faith.”

18. The defense budget is indefensible. It is the most pernicious, wasteful form of corporate welfare in this nation's history. It should be cut by at least one third within the next five years.

19. Regulation is not the solution to our problems, but the cause of them. The more ineffectual, conflicting regulations you place on people and businesses, the more they will merely manipulate the black letter of the rules... The more they will seek to get away with all they can, rather than do what they should. This inevitably leads to what we have today - a nation controlled by the least creative, least productive, arguably most parasitic sectors of our economy: Lawyers, Bureaucrats, and Lobbyists.

20. Our borrowing costs aren't low because they world thinks our debt is sustainable. Among a neighborhood of houses on fire, ours simply appears to be burning the slowest. This will change.

I could go on like this for seventy or eight entries, but you get the point by now. I'm probably echoing a lot of the same positions you hold - the same ones the silent majority of this country holds. So tell me, this November, which lever should I pull? Who's my candidate?

[Read more from The Philadelphia Lawyer]


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