I’m currently working on a case in why my clients were forced to give up their right to vote in exchange for a building permit. Yes, really. In California, homeowners have a constitutional right to vote on certain kinds of property taxes called “assessments” (which differ from taxes in that they pay for improvements to […]
Author Archive | Timothy Sandefur, guest-blogging
Two or Three Myths About Substantive Due Process
When talking about “substantive due process,” as I’ve been doing, one must address a number of myths about that theory that, sadly, are so common that many law students are never even taught what the theory even means. I. Here is a good example: “the Supreme Court has never in its entire history tried to derive […]
Does The Right to Earn A Living Apply to Immigrants?
A commenter asked whether illegal immigrants have the right to earn a living. Obviously they do, as all human beings do, although that has nothing to do with whether they may violate U.S. immigration laws. But it does bring to mind the many ways that government has used immigration restrictions to give economic favors to […]
The Myth of The Switch In Time
Libertarians and conservatives often accuse the Supreme Court of dramatically shifting constitutional law in the famous “Switch in Time,” as the result of political pressure brought by President Franklin Roosevelt. This narrative, however, is a little too neat to be true. In fact, as I argued recently in National Review, the major step toward the […]
Laws Against Low Prices
One of the most common ways government violates the right to make a living is through rules that prohibit businesses from charging low prices. Probably the most famous case about this issue is Nebbia v. New York, in which the state of New York, in the depths if the Great Depression, made it illegal to […]
Motor Dealers And Protectionism
Commenter rpt asks “Have you studied motor vehicle dealer restrictions?” Indeed, I have (and discuss them in chapter 7 of my book). Restrictions on auto dealerships are often explicitly designed to protect established businesses against economic competition. Take, for example, Illinois. That state’s Motor Vehicle Franchise Act establishes a government committee that decides whether to […]
Is Protectionism A Legitimate State Interest?
Thank you to Prof. Volokh for the opportunity to discuss my book The Right To Earn A Living. One of the major themes of my book is that under today’s legal standards, courts refuse to participate in one of the mist crucial tasks of a free government: to prevent the exploitation if government’s coercive powers […]
How Unions Exploit Anti-Competitive, Private Interest Law-Making
Occupational licensing laws aren’t the only realm in which government deprives us of the freedom of economic choice simply to serve private interest groups. Consider the United Food and Commercial Workers’ war on non-union grocery stores like Wal-Mart. In many communities, union supporters persuade local officials to use zoning restrictions to bar the opening of […]