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Knight Templar's avatar

1st welfare theorem of economics versus 2nd welfare theorem. I agree that the 1st is preferable.

a) Using Coase's Theorem, one can show (as I did years ago) that social equity can measure the substance of procedural due process, and procedures lacking in full substance is how the Nazis took over.

b) Therefore, constitutional due process can be put on software, especially as AI takes hold.

c) This would almost eliminate the abuses of discretion (obstruction of justice) by judges, prosecutors, law enforcement, and other officials.

d) Because markets for justice must be included in a Walras equilibrium analysis, when there exists an excess demand for rights (as persists in the USA), then lawyers engage in 'capture' of the excess supply of other goods.

e) Again Coase's Theorem: social efficiency in the USA is being forced on the public via a police state, so that the public must bribe (legal fees) lawyers to convince judges and prosecutors and law enforcement NOT to violate rights.

f) Social efficiency at the expense of social equity is not a sustainable equilibrium, requiring more and more force, similar to ZImbabwe. Yes, the USA legal system is almost isomorphic to Zimbabwe's, which is renown for corruption and bias.

And there is the answer. Rights are supposed to be endogenously determined, from laws of nature and nature's God. Although many point to the magna carta, I focus more on the Petition of Right (1628) and the 2nd Treatise of Civil Government (1690). In 'reduced-form' solutions, every SCOTUS opinion should be explained in terms of the exogenous variables, which are rights. They should never cite previous opinions, which is just assuming what they are trying to prove.

Of course, judicial review is not an implied power, and John Marshall knew that he was faking it, trying to legislate from the bench. Yet John Roberts and every other justice at SCOTUS believes Marbury v Madison (1803) is a proof that judicial review is an implied power. Yikes! What are they teaching at Harvard and Yale Law School? Certainly not logic.

The Bill of Rights is now the Bill of Privileges and Immunity, as privileges and immunity are endogenously determined. So, everything we say or do may end up being decided by a judge if it was legal or not. Kind of sounds like ex post facto law to me.

See how easy it is to predict a sociopath judge would explode on the scene. Not just Roberts, whose tweet was wrong and inappropriate even if correct. Comparing the actions resulting in the trial of Samuel Chase to what Boasberg was doing was a purposeful lie by Roberts.

Standing if and only if subject matter and personal jurisdiction.

Boasberg claimed personal jurisdiction and would decide if there was subject matter jurisdiction.

Why even have a constitution?

Why have an executive branch?

What is the point of a government of the people, by the people, for the people?

Get rid of legal system capture, and watch the economy become vibrant.

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Thomas L. Hutcheson's avatar

I agree that more microeconomic Milton Friedman-esque policies woud have been good to include.

The big problem with the very good book is that it fails to address the big macroeconomic issues that harm growth: trade and immigrations and fiscal deficits (both expenditures AND tax reform).

Let’s be clear, these are not tradeoffs. We need both better micro- AND macro-economic policies.

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