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The Naked Constitution is back from Christmas Break!  This week Adam talks about the constitution’s safeguards for property and economic rights with a man who fights to uphold those rights: Robert McNamara of the Institute for Justice. Although many liberals will insist that the Constitution has little to say about property (“life, liberty, and … whatever”), we beg to differ.  We discuss the Founders’ deep respect for property rights, and how those rights should inform an originalist interpretation. In particular, we try to resurrect the sadly-neglected “privileges or immunities” clause, which originally protected the right to earn an honest living and other economic freedoms.  Finally, Richard Epstein is with us in spirit, as we discuss the Fifth Amendment’s takings clause, and why theKelodecision ranks right up there with the Supreme Court’s worst rulings.   

Adam's book, The Naked Constitution is now available! Order it here.

You can subscribe to this podcast by following the instructions here. Direct link fans, click here.

Direct link to MP3 file

Comments:


Edward Smith
Joined
May '12
Edward Smith

It ain't playing.

Blue Yeti

Try it now. 

EJHill
Joined
May '10
EJHill

We need more people to read the Constitution. Any ideas?

Naked
Edward Smith
Joined
May '12
Edward Smith

Lydia the Tattooed Lady knows how to bring skin to the game!

Grendel
Joined
Apr '11
Grendel

EJHill:  Aren't we supposed to stab the guy who did that, or something?  Outrageous.  Disrespecting the Proph...er...Founders.  Call the U.N.!

Grendel
Joined
Apr '11
Grendel

"Direct link fans, click here.

Direct link to MP3 file"

The Department of Redundancy Department is on the ball and on the stick.

EJHill
Joined
May '10
EJHill
Grendel: EJHill:   Call the U.N.!  

Wait 'til you find out where the Bill of Rights are!

Blue Yeti

Grendel: "Direct link fans, click here.

Direct link to MP3 file"

The Department of Redundancy Department is on the ball and on the stick. · 3 hours ago

If you're not logged in, you don't see the second link. 

Edited on January 11, 2013 at 8:51am
Stephen Dawson
Joined
Mar '11
Stephen Dawson

I do so love it when we get to peer behind the curtain just a little and see how it's put together ... three, two, one ...

And stop that baby from crying!

A question for Mr Freedman: what precisely is 'property' within the meaning of your Constitution? Real property (ie. land and things affixed thereto) or is it broader, including possessions (cars, cash, computers etc)?

Grendel
Joined
Apr '11
Grendel

Liberals will say anything, so one day they disparage the lasting authority of the Constitution because the Framers were a bunch of rich white men setting up a system that would protect their property, and the next day the Constitution somehow demeans property rights below "personal rights".

Also an example of a favorite liberal trope:  using different words makes it a different thing.

Grendel
Joined
Apr '11
Grendel

Blue Yeti

Grendel: "Direct link fans, click here.

Direct link to MP3 file"

The Department of Redundancy Department is on the ball and on the stick. · 3 hours ago

If you're not logged in, you don't see the second link.  · January 10, 2013 at 11:51pm

Edited on January 10, 2013 at 11:51pm

But anyone, logged in or not, sees the first link, so the second is supererogatory.

Grendel
Joined
Apr '11
Grendel

EJHill

Grendel: EJHill:   Call the U.N.!  

Wait 'til you find out where the Bill of Rights are! · January 10, 2013 at 9:06pm

Somewhere on the second . . . um . . . page?

Holy Hugh Hefner, Moonbat!  Not, I hope, obscured by the crossed right arm.

Gouverneur Morris
Joined
Feb '11
Gouverneur Morris

Errr... What about the Fourth Amendment?


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