S.M. Oliva Archives
The Question Nobody Has Asked
Here's a question that the pundits haven't asked: Is Sarah Palin qualified to preside over the United States Senate? After all, that is the only job function of the vice-presidency specified in the Constitution. Yet Palin friends and foes alike obsess over her "qualifications" for the presidency -- an office she's not actually running for. Sure, a vice president may succeed to the presidency due to the latter's death, resignation or removal, but in 56 U.S. presidential elections, only nine winners did not complete their four-year term. That's one-in-seven or less than 15%. (And consider several presidents died of injuries or illnesses that are treatable by modern medicine.)
The vice president's ex officio role as president of the Senate has largely been forgotten. Aside from breaking the occasional tie vote (Dick Cheney has cast eight such votes in seven-plus years), nobody actually expects the vice president to fulfill his or her constitutional duties anymore. This is consistent with the general apathy exhibited towards the Constitution's text, particularly among the political class.
On September 7, 1787, the delegates to the Philadelphia convention debated whether it was wise to have the vice president serve as head of the Senate. Elbridge Gerry and George Mason, two of the three delegates who refused to sign the final Constitution, objected the co-mingling of the executive and legislative branches. In James Madison's account of the debate, Gerry argued, "We might as well put the President himself at the head of the Legislature. The close intimacy that must subsist between the President & vice-president makes it absolutely improper." In rebuttal, Connecticut's Roger Sherman said that without the Senate duties, the vice president "would be without employment."
Obviously, the Framers failed to anticipate Dick Cheney, who managed to create the first "Imperial Vice Presidency" by exploiting the second office's constitutional vagueness -- neither an executive nor legislative officer he be. To John McCain's credit, he's rejected Cheney's example by selecting Mrs. Palin, who will likely follow the modern vice-presidential model pioneered by Richard Nixon in the 1950s: A partisan cheerleader who allows the president to appear "above the fray" within the high altar of the Imperial Presidency.
But even the Nixon model raises an interesting question: Why is there an Office of Vice President at all? There's little compelling reason for the taxpayers to spend over $200,000 in salary and several million dollars more on staff, housing and transportation for a person who does little more then serve as an emergency backup. As I documented a few months ago, there have been 18 periods in U.S. history -- several lasting nearly a full four-year term -- where the vice presidency has been vacant. The Republic survived. The Senate learned to run itself without the vice president sitting on the dais. So why continue to support a mini-bureaucracy dedicated to . . . an unspecified function?
The Not-So-Imperial Vice Presidency
Rick Brookheiser of National Review presents a succinct argument against presumptive Republican vice-presidential nominee Sarah Heath Palin: "Either [John] McCain thinks the war on terror isn't serious, or he thinks the vice-presidency isn't. Since the former is obviously untrue, it must be the latter."
Brookheiser seems to be in the minority among Republicans, however; Mrs. Palin, the incumbent governor of Alaska, has sparked an enthusiastic reply from the party's Bush-demoralized base. There's definitely a disconnect between popular and elite opinion. I read an online chat with a political reporter from one of the Alaska newspapers who complained, bitterly, that while Governor Palin was popular with voters, she was widely disliked by legislators and statehouse media. Similarly, there's been much groaning from the national media and political elite about a woman who once served as a mayor of Wasilla, Alaska (current population, 8,741).
Glenn Harlan Reynolds, a pillar of the new establishment media, wrote, "The most important thing about a Vice Presidential candidate -- as with a Presidential candidate -- is fitness to be President." Andrew Sullivan added that this was a "truism." Yet history has shown quite the opposite. Despite changes in how vice presidents are nominated since John Adams finished second to George Washington in 1788, the real truism is that the vice presidency if first, second and always a political Tchotchke - a trinket used to address intra-party division.
Continue reading "The Not-So-Imperial Vice Presidency" »
America's Subsidy Capital
Here in Washington DC -- the land of bureaucratic plenty -- the various regional governments have become obsessed with "affordable" housing. Affordable for government workers, that is. In my neighborhood, a Democratic city council candidate has proposed "city living salary supplements" to get police, firefighters and teachers to move into the District:
The supplement would recognize the increased cost of living in the District and the benefit to the community of having them with in the city limits. [Candidate Cary] Silverman would advocate that the city set an ambitious goal of have 33% living within the District by 2010 and 50% by 2012.
Similarly, the City of Falls Church, Virginia, is trying to rig the local tax system to subsidize 174 "affordable" housing units. The local newspaper opined that residents must accept a possible tax increase to support the deal, because, "taxpayers, through their government, at all levels in this land, have a fundamental responsibility to provide for the general welfare of the public, and that includes putting roofs over people's heads when they can."
And last year, the treasurer of Arlington County, Virginia, tried to use $30 million from the county's reserves to subsidize below-market mortgages for county employees. Not coincidentally, the treasurer had just weathered a tough reelection campaign and he was looking to strengthen his support among local bureaucrats.
Indeed, if you're running for local office, housing subsidies for government employees is a great platform. You're bribing the bureaucrats outright, and the remaining voters are duped into thinking this will improve public services. To quote the article on Cary Silverman's proposal, "Silverman has said he will work tirelessly to help public servants become more accessible to the community by living here."
Of course, as more government workers move into the communities they "serve," there will be fewer people to generate the tax revenue to support them. After all, government workers pay no taxes, as Murray Rothbard explained. Every dollar paid to them is money confiscated from non-government sources. And yet that's not enough to allow the bureaucrats to completely control the government, so now they must be subsidized further so they can further dilute the electoral strength of the remaining wealth producers.
The Bureaucrats Are Running Scared
July 23, 2008 3:43 PM
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Consumer Protection or Legal Extortion?
July 10, 2008 7:49 AM
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Random Acts of Antitrust
October 16, 2007 8:48 PM
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The True Cost of Higher Education
October 4, 2007 10:03 PM
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Obama Vows More Central Planning
September 28, 2007 11:41 PM
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Ooh, The Germans Are Mad at Me! I'm so scared!
September 19, 2007 10:04 PM
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Sacrificing Workers on the Competition Altar
September 4, 2007 2:04 PM
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Dogfighting May Lead to Canadian Antitrust Violations
August 26, 2007 12:58 PM
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Whole Foods Delayed Again
August 20, 2007 7:31 PM
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Whole Foods Defeats FTC
August 16, 2007 8:57 PM
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Richard Branson, Britain's Newest Welfare Queen
August 1, 2007 9:35 AM
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The Next Best Use for Extortion
July 31, 2007 9:25 PM
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A Review of The Simpsons Movie
July 29, 2007 12:15 AM
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Libertarians for Cruelty to Quarterbacks
July 18, 2007 8:22 PM
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The Tonic for Property Rights
July 10, 2007 8:19 PM
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A victory for executive power
July 4, 2007 9:31 PM
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Revenge of the Antitrustians
June 5, 2007 9:53 PM
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The Road to Efficiency...
May 21, 2007 3:59 PM
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Is April 18 Irony Day?
April 9, 2007 7:52 PM
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Better bankrupt than merged
March 25, 2007 8:30 PM
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Antitrust - Regulation or Economics?
March 11, 2007 1:50 PM
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Iowa lawyer ends three-month hostage standoff
February 18, 2007 3:16 PM
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Deception is a virtue in football
January 21, 2007 1:19 PM
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The business of universal preschool
January 7, 2007 1:49 PM
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Save the $100 hairdos!
January 3, 2007 8:53 PM
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Regulation From Cradle to Grave
December 13, 2006 1:49 PM
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Markets in Some Things, Not Others
December 11, 2006 10:25 AM
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Lights! Camera! Antitrust!
November 29, 2006 11:36 PM
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Measuring Bureaucractic Savings
November 26, 2006 9:57 PM
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Pro-Slavery Democrats
November 19, 2006 1:28 PM
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Friedman on antitrust
November 16, 2006 10:30 PM
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The Godfather's Monopoly
November 13, 2006 11:10 PM
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Owners Should Be Seen and Not Heard
October 30, 2006 10:02 PM
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The Federal Temperance Commission
October 26, 2006 8:13 PM
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Too Many Hasselbecks on TV
October 25, 2006 2:48 PM
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Terrorism Works in America's Capital
October 11, 2006 3:28 PM
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FTC Democrat Backs State-Owned Wi-Fi
October 10, 2006 9:31 PM
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Who are the Consumers?
September 26, 2006 5:20 PM
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Rooting Against "America's Team"
September 25, 2006 10:21 AM
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Don't Trade Dress that Sandwich!
September 24, 2006 8:53 PM
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Antitrust and IP: Partners in Freedom
September 22, 2006 11:11 AM
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Traitors in Our Midst (and Our Media)
September 22, 2006 12:22 AM
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The Rise of Okiefascism
September 19, 2006 9:36 PM
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The Mandate Against Markets
September 17, 2006 1:25 PM
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The Rotten Heart of Democracy
September 10, 2006 12:13 PM
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Welfare for Antitrust Lawyers, Part Deux
August 26, 2006 12:49 PM
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Guaranteeing Economic Ignorance
August 25, 2006 3:10 PM
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A Plea to "Save" Our Music Copyrights
August 22, 2006 10:31 PM
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Defending the "right" to market share
August 11, 2006 9:49 PM
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The Amtraking of Sports?
July 29, 2006 7:53 PM
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Atlantic Records -- "You're Pitiful"
July 24, 2006 12:00 PM
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U.S. attacks on Britain escalate
July 18, 2006 11:00 AM
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"We could not have that discussion"
July 17, 2006 9:36 PM
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FTC declares websites public property
July 13, 2006 12:49 PM
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The Ignorant Layperson Standard
July 11, 2006 10:14 AM
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Dreaming of a world without oil
July 7, 2006 7:57 PM
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Dollars for antitrust
July 6, 2006 8:20 PM
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Must the Government Decide if KFC is Good for You?
July 6, 2006 7:33 AM
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The Essential State
July 5, 2006 7:20 PM
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What's $11.5 million between friends?
July 1, 2006 9:57 PM
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The ends *always* justify the means
June 27, 2006 11:01 AM
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Competition vs. Property Rights
June 24, 2006 5:56 PM
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Where Consumer is King
June 20, 2006 8:18 PM
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Regulation "Made in USA"
June 10, 2006 12:50 PM
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Subsidizing anti-merger hysteria
May 30, 2006 11:11 AM
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The culture of competition
May 30, 2006 12:03 AM
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A plateful of intervention
April 27, 2006 6:10 PM
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Oil & Gas Wars: Antitrust Abroad
April 14, 2006 2:29 PM
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When antitrust met eminent domain
March 29, 2006 12:16 PM
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If only Col. Mason could pick brackets this well...
March 27, 2006 9:44 PM
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Subjective constructionism
March 14, 2006 9:18 PM
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More bureaucrats, less regulation?
March 13, 2006 12:05 PM
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"Black Thursday" for monopolists
March 2, 2006 1:16 PM
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If only Rolex had violated FISA...
February 28, 2006 10:34 PM
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Obesity vs. The Fourth Amendment
February 27, 2006 10:57 AM
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Equal protection for some
February 20, 2006 12:29 PM
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When "free" is less than ideal
February 4, 2006 9:12 PM
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The market ignores FTC orders
January 28, 2006 7:24 PM
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Pick Your Antitrust Poison
January 9, 2006 10:42 PM
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The chief justice goes rent-seeking
January 1, 2006 10:03 PM
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Platonic Competition Reconsidered
December 28, 2005 11:38 AM
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The baseball wars continue
November 29, 2005 9:04 AM
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Pounding the steroids issue
November 28, 2005 7:56 PM
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The state is the murderer's true refuge
November 27, 2005 11:45 PM
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Only America may deal with its enemies
November 26, 2005 7:19 PM
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76-year old antitrust case may end
November 15, 2005 1:40 AM
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Little Prosecutorial Lies
November 14, 2005 11:58 PM
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Gingrich v. Evil Physicians
November 12, 2005 3:29 PM
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The FBI's run-blocking schemes
November 9, 2005 11:53 AM
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The Imperial Vice Presidency
November 7, 2005 6:54 PM
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New Jersey: Not Just Another State!
November 5, 2005 11:23 AM
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The state wouldn't just give away money, would it?
November 4, 2005 9:15 AM
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Alito's record
November 1, 2005 1:24 PM
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In Frum Rod We Trust
October 27, 2005 7:58 PM
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Senate expands prosecutorial powers
October 26, 2005 3:18 PM
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The sanctity of human life
October 26, 2005 8:54 AM
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What independent media?
October 25, 2005 8:24 PM
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Antitrust-Mandated Blackouts
October 20, 2005 9:36 PM
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Bush is really, really conservative
October 19, 2005 8:13 AM
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Rove the Austrian?
October 17, 2005 5:52 PM
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Only We Are Allowed To Practice Price Fixing: Micron Edition
October 14, 2005 10:46 PM
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The limits of "choice"
October 14, 2005 6:15 PM
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Tony Blair's final solution
October 12, 2005 8:23 AM
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A conservative constitution is pro-antitrust, anti-drugs
October 6, 2005 8:22 AM
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Hamilton on cronyism
October 3, 2005 8:57 AM
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More on violence vs. cooperation
September 28, 2005 12:38 PM
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Tolerating property rights, post-Katrina
September 27, 2005 6:53 PM
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Crossing the constitutional threshold
September 26, 2005 9:14 PM
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Death by democracy
September 23, 2005 3:51 PM
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OKC subsidizes relief for Hornets
September 21, 2005 1:07 PM
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Down with home rule!
September 20, 2005 8:38 PM
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The feds are "gouging" themselves
September 17, 2005 11:11 PM
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The NCAA's new definition of "looting"
September 14, 2005 12:03 AM
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The Blind Challenging the Blind
September 13, 2005 12:44 PM
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The Return of Shortages and Long Lines
September 11, 2005 10:45 AM
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You've been warned...
September 7, 2005 2:24 PM
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Shameless Self-Promotion
September 6, 2005 10:40 PM
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So Much for "Advise and Consent"
September 5, 2005 5:59 PM
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The DOD didn't save up for a "rainy day"
September 2, 2005 9:57 PM
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Maybe we need a hotline to report 'Regulatory Gouging'
September 2, 2005 9:30 PM
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Public Service Link
August 28, 2005 9:25 PM
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The Agony of Defeat
August 28, 2005 5:56 PM
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Drugs, Antitrust, and Rock 'n' Roll
August 11, 2005 8:21 PM
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Free Trade Versus Stale Tomatoes
August 1, 2005 7:18 PM
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The Antitrust Carnival
July 14, 2005 10:09 PM
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Too Stupid to Make Your Own Decisions
July 14, 2005 12:49 PM
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Libertarian Centralism & Funeral Regulation
July 10, 2005 10:30 PM
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Let Facts be Submitted to a Candid World...
July 3, 2005 9:10 PM
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The Changing Face of "Coercion": From Standard Oil to Intel
July 1, 2005 1:04 PM
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Price Controls for Some. Miniature American Flags for Others!
June 25, 2005 10:21 PM
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EU Antitrust for Africa?
June 16, 2005 5:00 PM
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A Call for Information
June 15, 2005 6:20 PM
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A Call for Judicial Anarchy
June 7, 2005 5:47 PM
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Volunteer Lawyer Needed
June 1, 2005 11:38 AM
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The Non-Linear Theory of Rights Creation
May 24, 2005 1:28 PM
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Who Will Lynch the Lynchers?
May 19, 2005 11:45 PM
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Tribute to a Master Criminal
May 10, 2005 11:59 AM
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The "Academy Awards" of Antitrust
May 5, 2005 12:45 PM
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America's Fastest Growing Export
May 3, 2005 11:18 AM
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Bush and Oil: Partners in Corporatism
April 29, 2005 1:42 PM
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Life, Liberty, and the Pursuit of Cheap Cement
April 28, 2005 9:01 PM
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This Post Isn't About Gay Marriage
April 23, 2005 2:24 PM
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More Power Means More Justice?
April 11, 2005 9:20 AM
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Good Corporate Governance = FTC?
March 25, 2005 9:20 AM
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Uncle Sam Wants You!
March 22, 2005 10:17 PM
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Dishonoring Government Contracts
March 21, 2005 11:03 AM
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A Final Word on Steroids
March 18, 2005 8:30 AM
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Illegal Procedure on the Jets
March 16, 2005 10:02 PM
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No Rights for Role Models (or Columnists!)
March 11, 2005 1:08 PM
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The FTC Goes to the Movies
March 4, 2005 8:46 PM
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Free Market "Pedigrees"
February 27, 2005 3:05 PM
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Unequal Protection Before the "Law"
February 25, 2005 10:49 AM
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Price Controls and the "Ownership Society"
February 14, 2005 9:47 AM
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Welfare for Antitrust Lawyers
February 11, 2005 10:27 AM
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Committing Crimes to Punish Crimes
February 4, 2005 8:29 PM
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No Subsidy Left Behind
January 27, 2005 9:58 PM
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Spitzer: Anti-Sedition Crusader?
January 23, 2005 10:28 PM
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Ideological Discrimination: Bad Academics, Good Government
January 20, 2005 1:46 PM
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Inaugural Economics
January 20, 2005 8:18 AM
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"Off Label" Monopolies
January 19, 2005 1:39 PM
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A Proposal to End the NHL "Lockout"
January 18, 2005 9:00 PM
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Another Step Towards Government-Owned Media
January 16, 2005 9:37 PM
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Role Models for Authoritarianism
January 13, 2005 6:52 AM
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Shades of Gray in Antitrust Policy
January 11, 2005 9:52 AM
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ARI on Natural and Man-Made Disasters
January 8, 2005 1:29 PM
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Building a Bridge Back to the 14th Century
January 6, 2005 8:46 PM
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New York's "Boss of Bosses" Strikes Again
January 5, 2005 11:29 PM
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A Proposal for Meaningful Legal Reform
January 3, 2005 9:39 AM
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Why Are Leeches (Not the Government) So Expensive?
December 27, 2004 11:51 PM
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Only Lawyers Can Save Us from Lawyers!
December 17, 2004 1:18 AM
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No Rothbardians Need Apply?
December 16, 2004 12:30 AM
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Antitrust and "Alternative" Media
December 14, 2004 1:00 PM
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Restoring a city's "soul" through redistribution of wealth
December 2, 2004 11:55 AM
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Powell's "Faith Based" Initiative
November 22, 2004 5:49 PM
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America and Judicial Imperialism
November 13, 2004 12:56 PM
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Preempting Hypothetical Mergers
November 2, 2004 8:02 AM
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The Divestiture "Solution"
September 30, 2004 4:28 PM
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Doctor-Assisted Price Fixing
September 22, 2004 5:59 AM
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