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.