"How did America reach the point where aspiring entrepreneurs…must approach government on bended knee?"
In his latest Washington Post column, George Will highlights an important economic liberty case from Washington state, where two brothers are seeking the right to compete with a government-granted ferry monopoly on a popular lake in the Cascade Mountains:
Washington state's creation of the ferry monopoly is what governments have increasingly done since courts misconstrued the Constitution in a way that licenses governments to dispense particular economic favors by restricting general economic liberty. It is now routine for government to have transactions with rent-seekers — private interests who want public power used to confer advantages on them, or disadvantages on competitors.
This case from a remote region of Washington state explains much about a Washington 2,200 miles away. Start with a misbegotten constitutional principle that denigrates economic liberty as less than fundamental, and thus licenses government to ration such liberty.
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Will's all outraged by this ferry deal, but if the same dudes wanted to smoke a joint he'd come down on them like a ton of bricks.
"economic theory or system in which the means of production, distribution, and exchange are owned by the community collectively, usually through the state."
That sounds an awful lot like the current US policy on pot.
The inverse could be said about a lot of pundits on the left.
'Throw them in jail', I'm sure.
He should think of the state as creating a false marijuana monopoly.
as it is, the state owns the patent on cannabis for medical use. I'll let slide the irony of govt holding a patent on a product the govt itself has declared illegal.
Ah, false. Natural products aren't patent-able. Same way no one owns a patient for Vitamin D.
It apparently will defend this folly until Judgment Day, when state officials will get an earful from the Creator who ? we have Jefferson's word for this ? endowed everyone, including Jim and Cliff Courtney, with the rights to liberty and the pursuit of happiness.
Unless the pursuit involves marijuana, in which case no deal.
I know, this comment is already stale.
fuck stale. the point needs to be continuously repeated until govts get the fuck off The Peoples' dick when it comes to voluntary exchanges of goods/service/money.
For today, I'd just settle for George Will not having a fit when people want to get high.
Wait. This is a new thing?
When in America's history did a ferry company not have to beg permission from the state?
Valid point. I think the first ICC cases came from ferry company litigation.
since courts misconstrued the Constitution in a way that licenses governments to dispense particular economic favors by restricting general economic liberty.
Will is really dulling his intellect these days. The tenth amendment says that the Constitution doesn't restrict states' powers except when it does so explicitly. I don't see any explicit restriction on the power to grant a ferry monopoly, however stupid that may be.
Now, if an existing ferry company was shut down by this, that would be a taking and possibly a due process violation. But that's not the case here.
Um, doesn't the Institute for Justice fight these sorts of things on Equal Protection grounds? They even win sometimes. I personally think it is a blatant violation of equal protection.
9th amendment dude.
Operating a private ferry is a negative right, so it falls under the 9th and the part of the 10th related to rights of the people, not the part of the 10th related to powers.
Is that really that fucking hard to understand?
The ninth is the forgotten amendment, even among liberty-minded folks.
Done and done.
http://en.wikipedia.org/wiki/P.....on_Company
reply specifically to this comment:
Now, if an existing ferry company was shut down by this, that would be a taking and possibly a due process violation. But that's not the case here.
Has George Will never heard of Gibbons v. Ogden?
Gibbons vi Goden was an interstate commerce case. How is a lake that exists entirely within the State of Washington's borders [i]interstate[/i] commerce?
I guess I should have been more specific. The case involved a state granted monopoly for all water navigation privileges within the state of New York, a law it passed in 1798. This is nothing new, but Will is making it out to be some new type of creeping tyranny.
What the... Was everybody sweeped to the past or something?
http://www.ulster.net/~hrmm/st.....opoly.html
http://www.lysanderspooner.org/STAMP3.htm
More ferries means fewer hikers crossing the mountains. Sounds like a bad policy to me.
Sounds like a bad policy to me.
-------------------------------
unless - and this govt we're talking about - the real point is fewer hikers crossing the mountains. Enviros love the state, almost as much as they hate the people.
What is the STEVE SMITH meme? I've tried to figure it out, but I give up. How did it start, ect?
IIRC, Steve Smith was a commenter who later interned for Reason and did some blog posts for Hit & Run. Sometime before he became an intern, for reasons I do not understand, a meme about STEVE SMITH, the hiker-raping yeti, was created to mock his namesake. It gets brought out pretty much whenever a rape joke would be (in)appropriate, which is often.
The meme predates the intern. See here for who he is and here for how the meme started.
Ah, so the intern and the guy who the meme was named after are two different people?
There is a different holy manuscript that prophesied that Matt and Nick while they labored over intern applications will choose a young man solely on the fact that his name was Steve Smith just to screw with the minds of reason Commenters.
Only the heretic Yetiists believe Steve Smith is a yeti. The true believers believe he is a sasquatch.
Let's not even mention the Ogopogoists.
FTFA: "The Courtneys' litigation is a little lever that could move the entire nation back toward the Founders' vision."
"THE Founders" didn't have a singular vision. Washington, Hamilton, and Adams would be perfectly fine with state granted monopolies, while Jefferson and Madison would not be.
The founders also didn't intend the Bill of Rights to apply to the states.
That's because the states had more expansive and similar provisions in each state's constitution
I agree with Will's main point, but did he really write:
"The Courtneys deserve judicial engagement where judges actively judge in defense of economic liberty."
whata clunker!
I hate you all because I know damn well that none of you motherfuckers can pronounce Lake Chelan correctly!!!
I should also point out that because of the existing boat schedule, dozens of government employees as well as government contractors have to waste thousands of dollars worth of man hours every day waiting for those damn Chelan ferries. On top of that, if they had ferries heading from Lucerne to Chelan later in the day, my two co-workers and I could have saved the government nearly a full day's worth wasted time/money in September. Oh, yeah, plus with competition, the prices would come down.