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1. Review: The Conscience of the Constitution

Author:
Slade Mendenhall
Publication Date:
04-2014
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty, by Timothy Sandefur. Washington, DC: Cato Institute, 2014. 200 pp. $24.95 (hardcover). While the principles of liberty on which America was founded are under attack from so-called liberals and conservatives alike, and while expanding abuses of government power are too vast and complex for most Americans to fully follow, books by rational, knowledgeable professionals clearly and concisely explaining the problems and offering solutions are of immense value. Timothy Sandefur's The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty fits this bill. Sandefur, a principal attorney at the Pacific Legal Foundation and an adjunct scholar at the Cato Institute, bases his latest work on an underappreciated idea in American legal thinking. It is the idea that the Declaration of Independence—understood as a formal, legal, diplomatic document issued by the representatives of thirteen British colonies to the king of England—is part of the law of the land, just as are the Constitution and the Bill of Rights. In fact, argues Sandefur, the Declaration used to be seen as the “conscience of the Constitution,” and reviving this understanding of its position in the framework of U.S. law will go a long way toward establishing the moral and political context within which lawyers, judges, and Supreme Court justices should argue and interpret constitutional law. Sandefur's thesis is controversial and is not likely to be well received in modern courts and law classrooms. Most law schools teach students to view the Declaration as a mere manifesto or letter of aspiration. But Sandefur wages a compelling intellectual defense of the Declaration-as-law on two fronts: against leftists, who have ridiculously claimed that the document was drafted as a wink-and-nod effort by elite white men to put down minorities and the lower classes; and against conservatives such as Russell Kirk and neoconservatives such as Irving Kristol who, afraid of its “natural rights” language, dismiss the ideas of the Declaration and characterize it as an underhanded “ploy to lure the French” into conflict with the English (p. 14). Sandefur, pointing out the baseless nature of such criticisms, puts forth a strong argument for holding the Declaration as law and highlights the Founding Fathers' own understanding of it as such. . . .
Topic:
Government
Political Geography:
America, Washington, and England

2. The Roots of the IRS Scandal

Author:
Steve Simpson
Publication Date:
10-2013
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
The revelation in May of this year that the Internal Revenue Service (IRS) was systematically targeting Tea Party and other conservative groups for special scrutiny under the laws governing nonprofit organizations shocked the nation and triggered one of the Obama administration's biggest scandals to date. According to a Treasury inspector general's report, in May of 2010, agents in the IRS's Cincinnati office began singling out applications for nonprofit status from groups with terms such as "Tea Party" or "patriot" in their names. The agents conducted lengthy investigations of the groups to determine whether they intended to spend too much of their money on political activities that are prohibited to most nonprofits.1 The IRS required some groups to answer long lists of questions about their intentions, it demanded donor lists from others, and it even examined Facebook and Internet posts.2 Some groups simply gave up and withdrew their applications. Others spent two years waiting for a decision that never came.3 When Congress investigated the scandal, Lois Lerner, the former head of the office that oversees nonprofit organizations, invoked her Fifth Amendment right against self-incrimination and refused to testify. Later, hearings revealed that Douglas Shulman, the former head of the IRS, was cleared to visit the White House at least 157 times during his tenure and that IRS chief counsel William Wilkins, who was one of two Obama appointees at the IRS, helped develop the agency's guidelines for investigating the Tea Party groups.4 As a result, critics of the IRS have good reason to think that the scandal reaches the highest levels of our government. The public's outrage over this scandal is, of course, entirely appropriate. If the government can enforce laws based on nothing more than one's political views, then both freedom of speech and the rule of law are dead. But the outrage over the IRS's focus on conservative groups obscures a far more important question: Why was the IRS investigating the political activities of any group? The answer to that question is more troubling than the possibility of rogue IRS agents, biased law enforcement, or even abuses of power at the highest levels. As bad as all of those things are, the bigger threat to freedom is a legal regime that requires scrutiny of Americans' political activities and a political and intellectual culture that applauds such scrutiny and openly calls for more of it. This is the situation in America today. Our tax and campaign finance laws impose a host of regulations on Americans based on how much time, effort, and money they spend on political speech, and many opinion leaders agitate for even more laws and investigations every day. Against this backdrop, the IRS scandal should not surprise us. Our politicians and intellectuals demanded regulation of some of the loudest voices in our political debates, and the IRS delivered. Unfortunately, far too many critics of the IRS have accepted the premise that our laws should distinguish between groups that spend money on political activities and groups that do not. Expressing this view, Washington Post columnist Ezra Klein has argued that the real scandal was that the IRS did not treat all nonprofits as harshly as it treated the Tea Party groups.5 Using the same reasoning, congressional Democrats have attempted to blunt the scandal by claiming that the IRS also investigated some groups on the left.6 It appears that these claims are untrue, but the message is clear: As long as the government is scrutinizing everyone's speech equally, then there is no scandal. But this is the opposite lesson to learn from the IRS scandal. For anyone who cares about freedom of speech, the real scandal is that the government regulates Americans' campaign spending at all. So long as laws remain on the books that do so, scandals such as this one-and far worse-are inevitable. But to understand why that is so requires a deeper understanding of the premises on which the laws are based and how the laws operate in practice. . . .
Topic:
Government
Political Geography:
America and Washington

3. From the Editor

Author:
Craig Biddle
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
Merry Christmas, readers! And welcome to the Winter 2011 issue of The Objective Standard. I'd like to begin by congratulating Antonio Puglielli, the winner of the second annual TOS essay contest. Mr. Puglielli's entry, “'Dog Benefits Dog': The Harmony of Rational Men's Interests,” won him $2,000 and publication of his essay in TOS (see p. 67). Second place went to Caleb Nelson (winning $700) and third place to Deborah B. Sloan (winning $300). Congratulations to Mr. Nelson and Ms. Sloan, as well! As Mitt Romney and Newt Gingrich vie for the GOP presidential nomination, and as Republicans marshal efforts to secure as many Senate seats as possible, advocates of liberty need to keep an eye on the one principle that unifies our political goals and grounds them in moral fact. In “The American Right, the Purpose of Government, and the Future of Liberty,” I identify that principle and discuss its application to issues of the day, including “entitlement” spending, corporate bailouts, and the Islamist threat. If you wonder which side of the abortion debate has the facts straight—or why the issue should matter to anyone other than pregnant women—you will find answers in “The Assault on Abortion Rights Undermines All Our Liberties,” by Diana Hsieh and Ari Armstrong. And if you already know the answers, I think you'll agree that this is the article to circulate on this matter. You may think that Steve Jobs was an impatient man, and you may know of evidence to support that idea, but in Daniel Wahl's “The Patience of Jobs,” you'll discover that Jobs, once again, breaks the mold. He was not patient, yet he was. How can that be? (Hint: The answer has nothing to do with Buddhism.) Get ready to fall in love with Linda Mann's still lifes and her manner of discussing them. Why do they grab your attention? Why do they hold it? Why are they so fascinating and rich and beautiful? I press Ms. Mann for answers, and she delivers. The interview is accompanied by color images of the paintings discussed. What's so great about the National Gallery of Art in Washington, D.C.? Sanctum sanctorum—it's the holy of holies—says Lee Sandstead, and he has facts and photos to prove it. Chris Wolski reviews the movie The Help, directed by Tate Taylor. And the books reviewed in this issue are: Steve Jobs, by Walter Isaacson (reviewed by Daniel Wahl); This is Herman Cain! My Journey to the White House, by Herman Cain (reviewed by Gideon Reich); American Individualism—How a New Generation of Conservatives Can Save the Republican Party, by Margaret Hoover (reviewed by Michael A. LaFerrara); Disabling America: The Unintended Consequences of the Government's Protection of the Handicapped, by Greg Perry (reviewed by Joshua Lipana); The Right to Earn a Living: Economic Freedom and the Law, by Timothy Sandefur (reviewed by Loribeth Kowalski); Keynes Hayek: The Clash That Defined Modern Economics, by Nicholas Wapshott (reviewed by Richard M. Salsman); Capitalist Solutions: A Philosophy of American Moral Dilemmas, by Andrew Bernstein (reviewed by Ari Armstrong); Toyota Under Fire: Lessons for Turning Crisis into Opportunity, by Jeffrey K. Liker and Timothy N. Ogden (reviewed by Daniel Wahl); Dare to Stand Alone: The Story of Charles Bradlaugh, Atheist and Republican, by Bryan Niblett (reviewed by Roderick Fitts). This issue of TOS completes our sixth year of moving minds with the ideas on which a culture of reason and freedom depend. Our seventh year will be, as every year is, bigger and better than the last, and we thank you for your continued business and support. We couldn't do what we do without you. Have a joyful Christmas, a happy New Year, and a prosperous 2012. —Craig Biddle
Topic:
Economics and Government
Political Geography:
New York, America, and Washington