It might be tempting to dismiss this New Republic piece given its evident sloppiness (misspelling Janice Rogers Browns name) and gratuitous liberal-clickbait Tea Party references. Even so, if we libertarians are in search (as we should be) of intelligent critiques of our own views, Cass Sunstein is always worth hearing out. I think Sunstein is broadly right that one key to Richard Epsteins constitutional thinking is that Epsteins home turf is the Blackstonian common law of tort, contract, and property, which distinguishes him from both Bork-Bickel originalists and elected-branch deferentialists on the one side and Posner-Calabresi law and economics enthusiasts on the other. And if you believe that Blackstonian common law was much on the mind of the Founders/Framers generation, then yes, that is one genuine connection between Epsteins thinking and ideas commonly circulated in the Tea Party.
Posted on: Thu, 22 May 2014 13:17:45 +0000
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