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	<title type="text">Library of Law &amp; Liberty</title>
	<subtitle type="text">Law and Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.</subtitle>

	<updated>2026-04-15T11:41:25Z</updated>

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	<entry>
		<author>
			<name>Jon Hoffman</name>
					</author>

		<title type="html"><![CDATA[It Has Never Been About Freedom]]></title>
		<link href="https://lawliberty.org/it-has-never-been-about-freedom/" rel="alternate" type="text/html"/>

		<id>https://lawliberty.org/?p=75418</id>
		<updated>2026-04-14T14:23:18Z</updated>
		<published>2026-04-15T10:00:00Z</published>
		<category scheme="https://lawliberty.org/" term="Law &amp; Liberty Essays"/><category scheme="https://lawliberty.org/" term="Donald Trump"/><category scheme="https://lawliberty.org/" term="Iran"/><category scheme="https://lawliberty.org/" term="Jon Hoffman"/><category scheme="https://lawliberty.org/" term="Middle East"/>
		<summary type="html"><![CDATA[<p>Editor&#8217;s Note: This is the second essay in a symposium on the Iran War and America&#8217;s role in the Middle East. You can read the first essay here. “To the great proud people of Iran, I say tonight that the hour of your freedom is at hand.” So spoke President Donald Trump when he announced [&#8230;]</p>
<p>The post <a href="https://lawliberty.org/it-has-never-been-about-freedom/">It Has Never Been About Freedom</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></summary>

					<content type="html" xml:base="https://lawliberty.org/it-has-never-been-about-freedom/"><![CDATA[
<blockquote data-beyondwords-marker="c8702f69-21a6-4572-93fc-fe75317654eb" class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p data-beyondwords-marker="0c587559-b1ec-4a6b-83c4-10c59f23fbdc"><em>Editor&#8217;s Note: This is the second essay in a symposium on the Iran War and America&#8217;s role in the Middle East. You can read the <a href="https://lawliberty.org/whats-next-in-iran/">first essay here</a>.</em></p>
</blockquote>



<p data-beyondwords-marker="1bf8c19e-9c59-4c79-a69f-7d9b0568df06">“To the great proud people of Iran, I say tonight that the hour of your freedom is at hand.” So <a href="https://www.americanrhetoric.com/speeches/donaldtrumpoperationroaringlion.htm">spoke</a> President Donald Trump when he announced the commencement of Operation Epic Fury on February 28. Fast-forward more than five weeks to April 7, when he <a href="https://www.cbsnews.com/news/trump-iran-deal-whole-civilization-will-die/">threatened</a> “a whole civilization will die tonight” unless the Islamic Republic committed to a ceasefire agreement with the United States—an ultimatum issued out of frustration after Washington failed to effect regime change in Tehran. This shift is striking, but shouldn’t be surprising: It’s perfectly in line with America’s regular role in the Middle East.</p>



<p data-beyondwords-marker="f0cd02ef-81e8-4bb4-b716-838f5cc6a583">Of the many and often conflicting narratives swirling in Washington to justify this war, none beggar belief more than the claim that this was done to liberate the Iranian people. The notion that Washington actively supported Iranian self-determination contradicts the historical record of US Middle East policy—including in Iran.</p>



<p data-beyondwords-marker="11ee3dca-a526-4482-8943-fc2481fc217d">For more than eight decades, Washington has rooted its regional strategy in the “<a href="https://www.cato.org/policy-analysis/shaky-foundation">myth of authoritarian stability</a>”—the belief that select autocratic states are the best guarantors of regional stability and US interests in the Middle East.</p>



<p data-beyondwords-marker="d06bc872-8cf9-450b-8596-6bc9534d565d">Arguments in favor of supporting such actors have taken many forms, ranging from the belief that the region’s inhabitants are incapable of self-governance to the claim that support for regional dictators will lead them to adopt pro-US policies. But the <a href="https://global.oup.com/academic/product/the-problem-of-democracy-9780197579466">basic logic</a> has remained relatively constant: dictators are the best guarantors of regional stability and US strategic interests in the Middle East.</p>



<p data-beyondwords-marker="f7b652bb-0b52-4517-9590-5d15c2b86037">The United States has consistently sought to expand its authoritarian client network by acting against adversarial governments in the region with the objective of installing more compliant regimes. Since the end of World War II, Washington has <a href="https://www.foreignaffairs.com/articles/middle-east/2020-10-07/false-promise-regime-change">pursued regime change in the Middle East</a> on average once per decade. The governments residing within the US-led regional order also push the United States toward status quo policies to advance their own interests, echoing the same pro-authoritarian rationales used by Washington to justify continued American support.</p>



<p data-beyondwords-marker="e976068b-7e95-44af-893f-7eb3f95a5556">Freedom, therefore, was never the objective in Iran. Washington initiated the war hoping to decisively subdue Iran—the chief antagonist operating outside the US-led regional order—and, if possible, co-opt Tehran into its network of authoritarian client states. Thus far, it has achieved neither. As the costs of this war become more evident, so too will the chasm between reality and the rhetoric used to justify it.</p>



<p data-beyondwords-marker="36a66e19-83bc-4023-86c6-d676b8159323">The myth of authoritarian stability has <a href="https://yalebooks.yale.edu/book/9780300259575/what-really-went-wrong/">shaped</a> Washington’s approach to the Middle East since it first became deeply involved in the region’s affairs beginning in the twentieth century. Such policies have helped sustain authoritarianism across the region.</p>



<p data-beyondwords-marker="96158cc2-23f1-47d5-91ed-c83a138d7354">During the Cold War, cooperation with such autocrats was deemed necessary in order to prevent encroachment by the Soviet Union and sustain the free flow of oil out of the Middle East, leading to both Moscow and Washington competing for client states while subverting attempts at self-determination. After the Cold War, the United States emerged as the unrivaled power in the Middle East and entrenched its authoritarian patron-client network to preserve American regional predominance.</p>



<p data-beyondwords-marker="a8c80006-79ad-4c10-bc25-f2c6229db9a7">The United States doubled down on its pro-authoritarian policies following the 9/11 terrorist attacks and invasions of Iraq and Afghanistan, viewing these autocrats as essential partners in combatting global terrorism. Although talk of democracy promotion in the Middle East through regime change in Iraq was ubiquitous in the rhetoric of the Bush administration, this narrative only emerged in force after the decision to invade was already made. It was primarily a <a href="https://www.tandfonline.com/doi/abs/10.1080/09636412.2019.1551567%4010.1080/tfocoll.2023.0.issue-decade-nuclear-scholarship-in-secstu">hollow legitimizing mechanism</a> adopted by Washington to convince the public that such a war was necessary when other justifications proved fictitious. After the 2011 Arab uprisings, Washington depicted surviving autocrats as the only forces capable of reestablishing order following mass upheaval and state disintegration in Syria, Yemen, and Libya. Today, these authoritarian client states are thought to provide the United States with a comparative advantage in the region as Washington purports to pivot its focus toward China.</p>



<p data-beyondwords-marker="38f0271a-e77a-48ff-a115-69787943b345">The myth of authoritarian stability gets things backward: rather than being the solution to the region’s problems, authoritarian regimes are <a href="https://press.princeton.edu/books/hardcover/9780691176635/the-great-betrayal?srsltid=AfmBOori-rF2WpARuM0cvoTF_EibZe2VbeLlW5vXtwnD8rklcOO3VP7I">responsible</a> for producing and exacerbating some of the greatest problems in the region, and Washington’s resolute backing allows them to act with relative impunity both at home and abroad. These relationships are not necessary to protect US interests in the Middle East. In fact, they jeopardize US interests by reinforcing the root causes of unrest and conflict in the Middle East, entangling Washington in the region’s problems, and inciting hostility toward the United States.</p>



<p data-beyondwords-marker="36b3bf21-1d9c-4c37-b63e-57dc23944b1a">US policy toward pre-1979 Iran epitomizes the myth of authoritarian stability and its deficiencies, while its policies since the Iranian revolution have relied overwhelmingly on coercion in the pursuit of compliance—often producing the opposite effect.</p>



<p data-beyondwords-marker="e08f6ac4-9935-48be-8afb-d6fce4de7dfb">Before the 1979 revolution that established the Islamic Republic, Iran, under the Shah, Mohammad Reza Pahlavi, was central to US Middle East policy during the Cold War. Like elsewhere in the region, Washington viewed rising nationalist sentiment inside Iran as concerning, fearing it would create inroads for the Soviet Union to expand its influence. At the forefront of Iranian nationalism was the National Front, led by Mohammad Mosaddegh, who criticized foreign interference inside Iran, particularly external control of the country’s oil sector. After becoming prime minister in 1951, Mossadegh’s boldest initiative was <a href="https://www.ebsco.com/research-starters/history/iran-nationalizes-its-oil-industry">nationalizing</a> the Iranian oil industry, which at the time was dominated by the British-owned Anglo-Iranian Oil Company (AIOC)—later known as British Petroleum (BP).</p>



<p data-beyondwords-marker="2c10fa32-aaa1-4330-8d7f-670aea763ca9">Washington and London feared that Mossadegh nationalizing the AIOC would spark a wave of nationalization in the Gulf and boost pro-Soviet sentiments across the region. Though Mossadegh was not a communist, Washington believed deteriorating conditions and the weakening of the Shah within Iran could strengthen the communist Tudeh party domestically. Ultimately, the CIA and Britain’s MI6 orchestrated <a href="https://thinktv.pbslearningmedia.org/resource/secret-cia-operation-ajax-oil-us-iran-video/retro-report/">Operation Ajax</a>, coupling a widespread propaganda effort to weaken Mossadegh with coordinating anti-government protests and orchestrating a military coup that ultimately overthrew him in 1953.</p>



<figure data-beyondwords-marker="37ebdfe2-dea5-4043-9b45-c61483a9be7f" class="wp-block-pullquote"><blockquote><p>For the Islamic Republic, this fight has been existential. For the United States, it was a war of choice.</p></blockquote></figure>



<p data-beyondwords-marker="a222c683-bb3c-41c7-9bef-1bfd3339a57a">Once reinstated, the Shah’s Iran joined Saudi Arabia as the foundation of Richard Nixon’s “Twin Pillar” policy in the Gulf until 1979. Between Nixon and his successor, Gerald Ford, Washington <a href="https://www.cia.gov/readingroom/docs/CIA-RDP80T00702A000400060007-4.pdf">approved</a> roughly $17 billion in weapons to Tehran—approximately $120 billion in 2025 dollars. The Shah ruled Iran with an iron fist until the 1979 revolution, which removed Tehran from America’s sphere of influence. At the time, Jimmy Carter did not want to abandon the Shah, whom he <a href="https://www.presidency.ucsb.edu/documents/toasts-the-president-and-the-shah-state-dinner-tehran-iran">referred to</a> as “an island of stability in one of the more troubled areas of the world.” Carter’s special envoy to Tehran, General Robert Huyser, <a href="https://www.nytimes.com/2019/12/29/world/middleeast/shah-iran-chase-papers.html#:~:text=If%20shooting%20over%20the%20heads,York%20and%20former%20vice%20president">urged</a> Iran’s military commanders to “kill as many demonstrators as necessary to keep the shah in power.” Ultimately, Washington could not save the Shah, and he was forced to flee the country in January 1979, after which the Islamic Republic of Iran, led by Ayatollah Ruhollah Khomeini, replaced the monarchy, also ruling with an iron fist and animated by hostility to the United States.</p>



<p data-beyondwords-marker="cdd728d2-6c52-4411-a76a-5da36ede000c">Since 1979, Iran has operated outside the US-led regional order, and the relationship between Tehran and Washington has remained deeply antagonistic. Washington’s approach to Iran since the revolution has relied overwhelmingly on coercion, namely, trying to isolate and pressure Tehran politically, economically, and militarily into compliance. Paradoxically, this approach has often hardened Iran’s resistance to the United States and undermined attempts at reform.</p>



<p data-beyondwords-marker="fecadf9d-50ce-4f44-aa67-2bfa0d4ee6ea">At the core of the Islamic Republic is a “<a href="https://www.cambridge.org/core/books/state-of-resistance/F3CF47C8AF8E27236C52AB473E120361">resistance culture</a>” against external interference in Iranian affairs. Within the regime, there are two competing camps—pragmatists who favor more engagement with the West to alleviate sanctions and isolation, and hardliners who prioritize resistance through defiance and military power. Hawkish US policies have <a href="https://nationalinterest.org/feature/growing-us-pressure-emboldening-iranian-hardliners-53882">historically empowered</a> regime hardliners by fueling their resistance narrative. Iranian foreign policy often reflects internal regime politics, namely, competition between these two camps. As Washington has increased its pressure on Tehran, so too has the balance of power inside the Islamic Republic often <a href="https://www.foreignaffairs.com/articles/iran/2021-03-11/maximum-pressure-hardened-iran-against-compromise">tilted</a> in favor of hardliners, leading to a more militarized Iranian foreign policy.</p>



<p data-beyondwords-marker="19845d57-575c-475b-9634-d93862c72c62">The relationship between the regime and Iranian society is also fraught with tension. The Islamic Republic is a brutal dictatorship, and its legitimacy is fiercely contested by large segments of the Iranian population—particularly among younger generations. Yet, opposition to the regime remains <a href="https://www.foreignaffairs.com/iran/irans-divided-opposition?utm_medium=newsletters&amp;utm_source=twofa&amp;utm_campaign=The%20Multipolar%20Delusion&amp;utm_content=20260220&amp;utm_term=">bitterly fragmented</a>, undermining its effectiveness. US policies have often further undermined the opposition, namely through sanctions. US sanctions have <a href="https://edition.cnn.com/2025/10/19/middleeast/how-western-sanctions-iran-hurt-middle-class-intl">dealt great damage</a> to Iran’s middle class, which has historically been a source of moderation and critical to the overall reform movement within the country. Ideologically divided and materially underequipped, the Iranian opposition has yet to coalesce into a coherent political force.</p>



<p data-beyondwords-marker="e4ce04f5-b79f-42d7-9dd8-91a4b62af1a7">The current war should be viewed within this context of domestic and regional contestation. Operation Epic Fury is the culmination of decades of policy inertia and special interests pushing the United States and Iran toward confrontation. The series of <a href="https://fortune.com/2026/03/02/how-the-oct-7-attacks-led-to-a-multiyear-destruction-of-irans-proxy-militias/">blows</a> to Iran’s strategic position in the more than two years since Hamas’ terror attack against Israel on October 7, 2023, Israel’s war in Gaza, and subsequent Israeli operations targeting Tehran’s regional partners and the Islamic Republic directly further accelerated this momentum. Both Israel and the United States hoped to capitalize on Tehran’s vulnerability and provided a host of fluid and often contradictory narratives to justify a pre-determined course of action.</p>



<p data-beyondwords-marker="976a4ee5-8d5b-4368-8068-fef1be5e4584">One of these narratives was liberating the Iranian people. This narrative emerged following mass protests against the regime beginning in December 2025, spurred by a growing energy crisis inside Iran. Trump rhetorically embraced the protests—on <a href="https://www.theatlantic.com/international/2026/01/trump-iran-protests-irgc-khamenei/685648/">at least eight occasions</a>, he urged the Iranian people to continue their marches, claiming help was on the way. The regime ultimately crushed these protests via force by mid-January 2026. Trump seemingly hoped to rekindle them through war, <a href="https://www.americanrhetoric.com/speeches/donaldtrumpoperationroaringlion.htm">telling</a> the Iranian people, “Now is the time to seize control of your destiny, and to unleash the prosperous and glorious future that is close within your reach. This is the moment for action. Do not let it pass.”</p>



<p data-beyondwords-marker="a7267340-5434-41ef-8843-126fb508ae8b">There is <a href="https://time.com/article/2026/04/02/trump-iran-off-ramp/">considerable evidence</a> that Trump hoped to eliminate Khamenei and replace him with a subservient authority, akin to what he did in Venezuela. Yet, after almost seven weeks of war,&nbsp; the United States and Israel have failed to effect regime change in Tehran. Despite assassinating Ayatollah Ali Khamenei within the first 24 hours of the war, the regime has not collapsed, nor does <a href="https://www.washingtonpost.com/national-security/2026/03/07/iran-intelligence-report-unlikely-oust-regime/">US intelligence</a> believe it would collapse even if Washington escalated to a full-scale war. Given this reality, Trump has had to walk back his&nbsp;<a href="https://time.com/article/2026/04/02/trump-iran-off-ramp/" target="_blank" rel="noreferrer noopener">claim</a>&nbsp;that he must &#8220;be involved&#8221; in selecting the next Supreme Leader to guarantee they are &#8220;reasonable to the United States.&#8221;</p>



<p data-beyondwords-marker="0e90609a-9cb6-4167-9946-856501dae405">The domestic balance of power inside Tehran has now <a href="https://www.washingtonpost.com/national-security/2026/03/16/iran-regime-intelligence-irgc-war/">shifted</a> firmly in favor of regime hardliners—they believe they are creating a new status quo between Tehran and Washington, and that this is only possible by maintaining pressure on the United States until the mounting political and economic costs force the United States to retreat. Instead of eliminating the regime, the war has empowered a <a href="https://www.foreignaffairs.com/middle-east/brewing-war-israel-boosting-irans-young-hard-liners">new, more hawkish generation</a> within its ranks—one that is far more likely to use even greater force if Iranians return to the streets following the war.</p>



<p data-beyondwords-marker="7e1f56c0-23a1-4725-b660-6118b8b68c5e">For the Islamic Republic, this fight has been existential. For the United States, it was a war of choice. Tactical victories did not translate into strategic successes, which explains the threats (<a href="https://www.axios.com/2026/04/02/trump-iran-bridge-stone-age">partially carried out</a>) to expand the war to systematically destroy civilian targets.</p>



<p data-beyondwords-marker="cebaa114-9102-411a-a590-83046b2fb755">The long-term ramifications of this war remain unknown. But reality continues to cast doubt on the notion that Washington initiated this war to liberate the Iranian people—US Middle East policy remains rooted in continuity, not change. It should go without saying that the Iranians, like all people, deserve to live free and determine their own future. But by exploiting domestic opposition to the regime to justify this war, Washington merely uses them as political pawns.</p>



<p data-beyondwords-marker="b8b15ccc-db16-4dd6-9301-c22f5a17e839">The United States cannot manufacture a new status quo inside Iran—it must be self-sustaining and come from within, not externally imposed via war.</p>
<p>The post <a href="https://lawliberty.org/it-has-never-been-about-freedom/">It Has Never Been About Freedom</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></content>
		
			</entry>
		<entry>
		<author>
			<name>Paul D. Miller</name>
					</author>

		<title type="html"><![CDATA[What&#8217;s Next in Iran?]]></title>
		<link href="https://lawliberty.org/whats-next-in-iran/" rel="alternate" type="text/html"/>

		<id>https://lawliberty.org/?p=75396</id>
		<updated>2026-04-15T11:41:25Z</updated>
		<published>2026-04-14T10:01:00Z</published>
		<category scheme="https://lawliberty.org/" term="Law &amp; Liberty Essays"/><category scheme="https://lawliberty.org/" term="Epic Fury"/><category scheme="https://lawliberty.org/" term="Iran"/><category scheme="https://lawliberty.org/" term="Middle East"/><category scheme="https://lawliberty.org/" term="Paul Miller"/>
		<summary type="html"><![CDATA[<p>Editor&#8217;s note: This is the first essay in a symposium on the Iran War and America&#8217;s role in the Middle East. You can find the next essay in this symposium here. The US-Israeli war against Iran was fought for unclear purposes, with a vague strategy, towards an ambiguous end. That does not mean it contributed [&#8230;]</p>
<p>The post <a href="https://lawliberty.org/whats-next-in-iran/">What&#8217;s Next in Iran?</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></summary>

					<content type="html" xml:base="https://lawliberty.org/whats-next-in-iran/"><![CDATA[
<blockquote data-beyondwords-marker="c06efed6-e6f5-4250-a300-300cb95e36ee" class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p data-beyondwords-marker="d6ebe292-360c-4d35-b43b-9ffe03172d27"><em>Editor&#8217;s note: This is the first essay in a symposium on the Iran War and America&#8217;s role in the Middle East</em>.<em> You can find the next essay in this symposium <a href="https://lawliberty.org/it-has-never-been-about-freedom/">here</a>.</em></p>
</blockquote>



<p data-beyondwords-marker="a7e55e86-c8ea-4c1e-b709-de543745dd20">The US-Israeli war against Iran was fought for unclear purposes, with a vague strategy, towards an ambiguous end. That does not mean it contributed nothing to US interests. The world is safer with a weaker Iranian regime whose nuclear sites are buried under rubble and whose terrorist proxies are dead or hiding. There is still an opportunity to use the war—however foolishly started—to consolidate those gains, pry open the Straits of Hormuz, and achieve some measure of good.</p>



<p data-beyondwords-marker="e4dc84a4-f5f4-4248-bfbb-32110491b9b5">Specifically, the United States should pursue a two-pronged approach. First, it should give a list of clear demands, safety guarantees, and realistic off-ramps to the existing regime to keep alive the possibility that the current Iranian leadership might adjust its behavior in ways more amenable to US interests in the region, especially about nonproliferation, terrorism, and freedom of navigation. The US’s interests in the region remain the same as they have been for decades: regional stability, the free flow of energy to the global market, and an end to terrorism that threatens the US and its allies. A weakened Iran conduces to each of these.</p>



<p data-beyondwords-marker="9dfadaff-08e6-4fda-a2cd-a88fa9a69d99">Second, and simultaneously, the US should help prepare the ground for a new regime by hosting a conference with opposition leaders outside Iran and providing communications equipment to dissidents inside Iran.</p>



<p data-beyondwords-marker="4fd6da55-8692-401c-ab7a-9780d3dbbdbe">Together, the two approaches maximize the chances that the US will be able to use the aftermath of the war well and lay the groundwork for a postwar scenario that serves American interests.</p>



<p data-beyondwords-marker="6af2b4bf-6bf5-46f9-9551-80bff79ba548"><strong>List of Demands</strong></p>



<p data-beyondwords-marker="0c910e96-ae6c-415e-90a9-a5e413d7c882">The US and Iran are reportedly exchanging demands in negotiations to turn the ceasefire into a permanent settlement. But it is not clear that the US has approached the negotiations strategically. The US should deliver to Iran a list of maximal demands that could be bargained down to America’s most essential interests. These demands would communicate to Iran the terms for a stable postwar regional order.</p>



<p data-beyondwords-marker="1af242a3-5262-4ef3-aa93-bbd11ec125af">The maximal demands should include that Iran: accepts unconditional, unlimited, indefinite IAEA inspections of all nuclear sites; signs and ratifies a verifiable arms control treaty limiting its ballistic missile arsenal; ceases attacks on shipping through the Straits of Hormuz and affirms the Straits as an international waterway; <em>publicly</em> condemns terrorism and terrorist groups, including Hezbollah and Hamas by name; disbands the Islamic Revolutionary Guard Corps (IRGC) and the Basij militia; arrests and holds trials for the perpetrators of the January massacres; and signs the Abraham Accords.</p>



<p data-beyondwords-marker="ebd43b6e-5642-4ba8-b076-583296c08ac7">This list goes far beyond the reported list of demands the US recently delivered to Iran. The current regime will never accept that list because it is tantamount to surrender. The list violates everything for which the regime has fought for nearly five decades. Agreeing to it would amount to an admission that the very nature of the regime—the foremost state sponsor of terrorism and most dangerous threat to the nuclear nonproliferation regime in the world—is guilty of international irresponsibility, and that it has forfeited the right to sovereign control over its foreign and defense policy.</p>



<p data-beyondwords-marker="eb9ade56-4085-4dcd-9dc2-03ff3ec9634f">The US should make those demands anyway.</p>



<p data-beyondwords-marker="c60e2892-34e5-4ee3-8289-e103b3066ecc">Why make a list of impossible demands? For two reasons: first, it clarifies what the war was about. Demands help clarify how to prevent the war from restarting and what sort of peace we aim to build in the aftermath. Right now, during the tenuous ceasefire, the war has not truly ended. All wars must end, and to genuinely end this war, the US must communicate to the Iranian regime what war-ending conditions it must meet.</p>



<p data-beyondwords-marker="23e90121-5ad0-4217-b91a-665871991512">Second, a list of demands gives the United States something to bargain towards and something to bargain with—something the administration did not give itself with its existing list of demands. By starting with a maximal list, the US could give up its demands on human rights and the Abraham Accords, for example, in exchange for commitments on nuclear weapons and terrorism that most directly affect American security.</p>



<p data-beyondwords-marker="464ca643-6626-4259-86e9-4fb0da753ee0"><strong>Risks of Ambiguity about Goals</strong></p>



<p data-beyondwords-marker="80038491-3383-4aa7-a7c3-77acee43ec87">The Trump administration seemed to want the opposite. It offered a series of shifting and inconsistent statements about their war aims. Is it regime change? Non-proliferation? Counter-terrorism? A humanitarian intervention? Preemptive defense against an imminent attack?</p>



<p data-beyondwords-marker="9a8d301b-90c5-4221-a2ac-baee70d18808">One advantage of keeping the goal vague is that Trump could declare victory whenever he wanted, by whatever standard he wanted. He can rightly claim that Iran’s military has been defeated; that it effectively no longer has a navy, air defenses, or ballistic missile launchers; that the regime’s infrastructure lies in ruins; and that its nuclear program is much closer to being truly “obliterated,” as he claimed last summer.</p>



<p data-beyondwords-marker="b97e867a-05de-4bc6-8046-4109a492e0e6">But the Trump administration is also running high risks by keeping the goal vague. There are four major disadvantages: low legitimacy, a chain-gang risk, a credibility trap (or mission creep), and protracted war and state collapse in Iran.</p>



<figure data-beyondwords-marker="391961ca-1e24-4aa1-b0b9-70df5ad4ad17" class="wp-block-pullquote alignleft"><blockquote><p>Helping reopen Iran’s information environment could completely alter the strategic picture by turning the fabled Iranian street from an idle hope to a strategic reality.</p></blockquote></figure>



<p data-beyondwords-marker="ab0b84b6-08d0-46e1-9457-88f888cbd64b">First, without clear goals, the operation had low legitimacy at home and abroad. Voters and international partners are confused about what the war was about, and the Trump administration has made surprisingly little effort to explain or sell the war. That is why, domestically, the war is unpopular. Moreover, Congress has not passed an authorization for the use of military force.</p>



<p data-beyondwords-marker="72f133cd-1681-4168-98eb-1263dd496ee1">That is also how the US ended up going to war without a single NATO partner. This may be the first major US military action undertaken without active British participation since the Vietnam War. For those who care about the United Nations (I do not), there is also no UN Security Council resolution authorizing the war. Low international legitimacy constrains US options and hurts its ability to leverage cooperation in future endeavors.</p>



<p data-beyondwords-marker="883d41c1-e5fe-46e7-9ba3-3eeeeea4b0f3">Second, without clear goals, the US risks being “chain-ganged” into Israel’s goals. It is unclear if Israel is a party to the current negotiations between the US and Iran, and it is entirely possible that Israel may reject its terms and continue the war and drag the US back into the fighting unless the US is both clear and firm about the goals for which it is willing to fight. Israel’s goals are probably both more maximalist (regime change) and also more permissive, in that they would probably settle for state collapse in Iran. Regime change may become necessary, but the US should only fight that war on its terms and by its choice. State collapse has its own risks (see below). Regardless, the US cannot and should not let allied nations determine its war aims or foreign policy.</p>



<p data-beyondwords-marker="03615674-9cb7-452f-b492-e3fe1f73bebc">Third, and similarly, without clear goals the US may fall into mission creep out of concern for its credibility. Having staked time, money, manpower, and prestige on the operation, American leaders may find themselves digging in, looking for a satisfying conclusion, a sense of vindication, or a clear “mission accomplished” moment. Iran might be able to deny them such a moment by holding the Straits of Hormuz hostage to ongoing drone attacks while the regime leadership remains hidden, leading to a frustrating stalemate in which the US has complete air superiority and no political leverage. Sadly, given the shape of the ceasefire so far, this seems the most likely scenario. Analysts complain about the “sunk cost” fallacy, but Vietnam is an easy reminder that policymakers fall for it anyway.</p>



<p data-beyondwords-marker="e09da511-64aa-4bc3-9a5b-10ccc0952fc9">Fourth, without clear goals, the war may resume, imposing high costs on all belligerents and the world economy. The US is best poised to bear such costs materially, but its political system is already straining, and war is never good for the health of a democratic system. The same is true for Israel, which has been in continuous war for nearly three years since Hamas’ 2023 attack. The global economy cannot easily weather months of oil supply shocks and escalating energy costs.</p>



<p data-beyondwords-marker="c5c65c23-b263-4967-9f33-8a0f36eb6552">But the risk for Iran is the highest. A protracted war increases the possibility, not of regime change, but regime collapse. While Israeli policymakers might shrug at the possibility, Americans should take a longer view. Nothing good will result if Iran descends into anarchy, civil war, territorial fragmentation, or warlordism. That situation could result in a permanently constrained oil supply, mass refugee flows, organized crime and drug trafficking, and the loss or theft of Iran’s high-enriched uranium.</p>



<p data-beyondwords-marker="700ecb20-2046-44ee-98b8-575527648f5b">Worst of all, regime collapse could turn the IRGC into an enduring and metastasized terrorist threat. It is already one of the most professional and successful terrorist groups in history, having trained and used Hezbollah, Hamas, Houthi rebels, and a wide network of proxies in Iraq, Syria, and Lebanon. But even then, such groups have been constrained, somewhat, by their accountability to a regime that did not want to commit itself to a suicidal course of action. But with nothing left to lose, some IRGC remnants and proxies might turn to large-scale terrorism out of revenge and apocalypticism.</p>



<p data-beyondwords-marker="03d71d6e-d2ca-44fb-9f5e-e29c0df70cee"><strong>Offramps for Iran’s Leaders</strong></p>



<p data-beyondwords-marker="c1088e71-4e3d-45a0-9dc9-7da668604064">The Trump administration should avoid these risks by communicating a clear list of war-termination criteria to Iran’s current leaders. But Iranian leaders have no incentive to agree to any list so long as they plausibly fear for their personal safety. Having already killed former Supreme Leader Ayatollah Ali Hassan Khamenei, the commander of the IRGC, the chief of staff of the armed forces, two defense ministers, and a dozen or more senior defense and intelligence officials, the US has made it hard for remaining leaders to feel they have any guarantees of their safety.</p>



<p data-beyondwords-marker="ecc5cbcc-4673-4afc-8182-8ebc2d9ac902">The US needs to make clear that it will work with Iranian leaders who negotiate in good faith, in the same way it has left in place and worked with remaining members of Venezuela’s government after capturing President Nicholas Maduro in January. Many members of the Venezuelan government are as guilty of corruption and drug trafficking as Maduro, but the US has sent a clear signal that it will work with them so long as they prove more amenable to American demands in the future.</p>



<figure data-beyondwords-marker="47db869e-914c-4561-8ee5-c7eb5e9d88dd" class="wp-block-pullquote alignright"><blockquote><p>To do that, the US must be prepared for a longer, messier war, and a far more uncertain future.</p></blockquote></figure>



<p data-beyondwords-marker="a33c9abd-5d10-4c69-a64c-fab830706d19">Another possibility is to work out an arrangement for any Iranian leaders who desire to retire peacefully to Moscow or Beijing. Former Syrian dictator Bashar al-Assad is currently enjoying his retirement in Russia alongside former Ukrainian President Victor Yanukovych. Former Tunisian leader Zine El Abidine Ben Ali is doing the same in Saudi Arabia. Former Pakistani President Pervez Musharaff splits his time between London and Dubai. Examples abound. It is unsatisfying to the victims of their oppression, but exile is often the easiest route to transition.</p>



<p data-beyondwords-marker="99d54de9-5fbf-4b98-ab42-a6285555aa15"><strong>Planning for Transition</strong></p>



<p data-beyondwords-marker="03452a93-2d71-499d-90c8-ceb1405ed68d">And transition, not merely to new leadership, but to an entirely new regime, may be the eventual end state. Trump seemed to make regime change his goal in the opening days of the war, though he seems to have walked that back in subsequent weeks, claiming (falsely) that the new crop of leadership amounts to regime change. Nonetheless, the second prong of the US strategy should be planning for the possibility of regime change.</p>



<p data-beyondwords-marker="360ceb0b-bd00-4c83-889b-f759c37b7b2e">Regime change would be the most reliable way to secure the US’s most important interests. So long as the Islamic Republic of Iran exists and seeks to carry on the totalitarian and theocratic ideals of the Islamic Revolution of 1979, it remains a potential threat to the United States by supporting terrorism, pursuing weapons of mass destruction, threatening US allies, and holding a Damocles’ Sword over the global economy. Regime change is the only truly lasting solution to the problem that has wracked the Middle East for five decades.</p>



<p data-beyondwords-marker="7825df37-c80e-4fce-8ab3-1cb0ea1b68b9">Planning for regime change also puts additional pressure on the existing regime to capitulate, accept US demands, or at least participate meaningfully in negotiations. If the existing regime sees a viable opposition taking shape with international support and legitimacy, coupled with the threat of more airstrikes, it may feel it has no choice but to negotiate.</p>



<p data-beyondwords-marker="44989c58-94ec-43f4-9eaf-ffbb58fbe853">And planning for regime change ensures the US has a seat at the table among the dissidents and opposition leaders who have been planning and acting, without US support, for years.</p>



<p data-beyondwords-marker="d7490e55-7ee8-4f95-a6c5-08063d499d76">To that end, the US—perhaps with the United Nations—should host a conference for Iranian dissidents and opposition leaders, akin to the Bonn Conference that brought together Afghan groups in December 2001. Such a conference would bring together Reza Pahlavi and other monarchists; Kurdish and Azeri groups; liberal and republican opposition leaders; women’s rights groups; and any credible spokesmen with ties to the protest leaders inside Iran. A broad umbrella ensures they will disagree on plenty, but also that any agreement would enjoy legitimacy among Iranian dissidents.</p>



<p data-beyondwords-marker="9a13375a-bf27-497d-9fae-c384937e65c2">And the US can help organize dissidents with communication equipment and other covert support. The Iranian people have not risen against the regime or flooded the streets <em>en masse</em> because they can no longer talk to each other, coordinate action, or get reliable news. Protesters are the missing ground component of the campaign; helping reopen Iran’s information environment could completely alter the strategic picture by turning the fabled Iranian street from an idle hope to a strategic reality.</p>



<p data-beyondwords-marker="ca0d5dad-ce93-49f3-bec3-dfef7dd04576"><strong>Endgame</strong></p>



<p data-beyondwords-marker="e4660b2a-2eeb-4635-8c06-49fda61e388c">The US should remain flexible on the final settlement within Iran. But to do that, it should be clear and firm about what American interests are. The message should be that the US looks forward to working peacefully with any regime in Tehran that foreswears nuclear proliferation, denounces terrorism, and respects freedom of navigation through the Straits. If the current regime can do that, regime change is unnecessary, and the war might end relatively quickly.</p>



<p data-beyondwords-marker="107a16f8-ed2b-4dde-b5a6-81f28215bcc4">If the current regime digs in despite its diplomatic isolation, economic suffering, and military defeat, the United States will be on much firmer ground to push for regime change. But to do that, the US must be prepared for a longer, messier war, and a far more uncertain future. It is not clear to me that the US has the tools, capabilities, and strategic patience and acumen for that kind of war—which is something policymakers may want to consider in the future before going to war in the first place.</p>
<p>The post <a href="https://lawliberty.org/whats-next-in-iran/">What&#8217;s Next in Iran?</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></content>
		
			</entry>
		<entry>
		<author>
			<name>Thomas Savidge</name>
							<uri>https://www.aier.org/people/thomas-savidge/</uri>
						</author>

		<title type="html"><![CDATA[The Juggling Act]]></title>
		<link href="https://lawliberty.org/the-juggling-act/" rel="alternate" type="text/html"/>

		<id>https://lawliberty.org/?p=75382</id>
		<updated>2026-04-13T11:24:02Z</updated>
		<published>2026-04-13T10:01:00Z</published>
		<category scheme="https://lawliberty.org/" term="Law &amp; Liberty Essays"/><category scheme="https://lawliberty.org/" term="Adam Smith"/><category scheme="https://lawliberty.org/" term="debt monetization"/><category scheme="https://lawliberty.org/" term="Federal Reserve"/><category scheme="https://lawliberty.org/" term="Thomas Savidge"/><category scheme="https://lawliberty.org/" term="US Treasury"/>
		<summary type="html"><![CDATA[<p>In An Inquiry into the Nature and Causes of the Wealth of Nations, Adam Smith discussed the dangers of governments using debt monetization, the process of paying off debts by currency debasement. Smith warned that debt monetization amounted to a “soft” default. He wrote, The honour of a state is surely very poorly provided for, [&#8230;]</p>
<p>The post <a href="https://lawliberty.org/the-juggling-act/">The Juggling Act</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></summary>

					<content type="html" xml:base="https://lawliberty.org/the-juggling-act/"><![CDATA[
<p data-beyondwords-marker="114154e7-888d-4440-a26f-03c57bcb04ba">In <a href="https://oll.libertyfund.org/titles/smith-an-inquiry-into-the-nature-and-causes-of-the-wealth-of-nations-cannan-ed-vol-2"><em>An Inquiry into the Nature and Causes of the Wealth of Nations</em></a><a></a><a></a>, Adam Smith discussed the dangers of governments using debt monetization, the process of paying off debts by currency debasement. Smith warned that debt monetization amounted to a “soft” default. He <a href="https://oll.libertyfund.org/titles/smith-an-inquiry-into-the-nature-and-causes-of-the-wealth-of-nations-cannan-ed-vol-2#lf0206-02_label_705">wrote</a><a></a><a></a>,</p>



<blockquote data-beyondwords-marker="3b3d5ec7-2bf3-405e-a446-25994e69236c" class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p data-beyondwords-marker="9f6993c2-05d8-4aeb-9a25-9ac67442a0ec">The honour of a state is surely very poorly provided for, when, in order to cover the disgrace of a real bankruptcy, it has recourse to a&nbsp;juggling trick&nbsp;of this kind, so easily seen through, and at the same time so extremely pernicious.</p>
</blockquote>



<p data-beyondwords-marker="de50b4c4-16ec-4338-a9a5-1c266b6044ab">March 2026 marked the 250th anniversary of the publication of Smith’s <em>Wealth of Nations</em> and his warnings against debt monetization. March also <a href="https://www.federalreservehistory.org/essays/treasury-fed-accord">marked</a><a></a><a></a> the 75th anniversary of the Treasury-Fed Accord, an agreement between the US Treasury and the Federal Reserve to separate government debt management from monetary policy.</p>



<p data-beyondwords-marker="f9e43fd2-5ea6-47ed-984e-8baf14283a86">Unfortunately, America failed to heed Smith’s warnings or fully abide by the accord. With the federal debt at unprecedented levels and a Fed susceptible to pressure, policymakers in Washington are apt to continue the “juggling trick” like many civilizations that came before us.</p>



<p data-beyondwords-marker="f2258de1-3664-4063-9de3-48245959937e">While this juggling trick existed in the ages that preceded us, we can avoid the mistakes of the past. A strong institutional rule (such as returning to the gold standard or adopting constitutional rules for budgeting and monetary policy) can help America avoid the same fate as nations that ignored Smith’s warning.</p>



<p data-beyondwords-marker="f7d495f1-ec2c-4006-a883-2c2bc5354c87"><strong>The Debasement Decision Does Not Happen Overnight</strong></p>



<p data-beyondwords-marker="c2bc0a08-a76c-4253-88ee-5118b7ece147">Governments issue debt, in part, because <a href="https://oll.libertyfund.org/titles/smith-an-inquiry-into-the-nature-and-causes-of-the-wealth-of-nations-cannan-ed-vol-2#lf0206-02_label_705">government officials</a> know eager lenders (especially in commercial societies) are willing to purchase government bonds in exchange for repayment with interest. While public debt is often described as a technical matter of financing, it is important to remember who bears the burden. The <a href="https://oll.libertyfund.org/titles/brennan-the-collected-works-of-james-m-buchanan-vol-2-public-principles-of-public-debt#lf0102-02_head_015">clear answer</a> is future taxpayers.</p>



<p data-beyondwords-marker="a4cdee23-6498-4485-87ee-230334dce267">Present taxpayers enjoy spending without immediate tax increases, while bondholders (who give up some present consumption) expect repayment with interest. Future taxpayers, however, must make genuine sacrifices to their income regardless of whether the spending yields productive benefits.</p>



<p data-beyondwords-marker="c885eb0e-9569-4e1b-b2a2-fd0858e75810">Economist James M. Buchanan <a href="https://oll.libertyfund.org/titles/brennan-the-collected-works-of-james-m-buchanan-vol-2-public-principles-of-public-debt#lf0102-02_head_015">clarified</a> that “the taxpayer in future time periods” refers to a sequence of taxpayers, not a single cohort, each bearing part of the cost as regular debt service payments (whether monthly, semiannually, or annually) must be made. For short-term obligations, this means more or less the same group of taxpayers who enjoy the debt-financed spending. For long-term obligations, “future taxpayers” also include our children and their children.</p>



<p data-beyondwords-marker="30259159-a714-4836-9597-c8b4e80a6edf">Borrowing also allows policymakers to separate present spending from present taxation and thereby reduce the perceived cost of government, encouraging its expansion. This fosters a “dessert first” mentality among policymakers: deliver benefits today and defer costs. Eventually, however, enough private capital is eaten up by debt to make a noticeable dent in economic growth while debt service payments crowd out other spending, leaving taxpayers paying more for worse public services.</p>



<p data-beyondwords-marker="df2d1554-0225-43ce-8a04-f1cd9502a114">This cannot go on forever. Eventually, the government hits an <a href="https://www.cato.org/blog/us-fiscal-dominance-coming-fiscal-inflection-point-how-congress-can-fix-debt-crisis-its-too">inflection point</a> when markets lose confidence in the government’s ability to make good on its promises. At the inflection point, if the government has borrowed in a currency that it can print, then <a href="https://www.cato.org/blog/output-gap-federal-budget-deficit-threat-debt-monetization">it may</a> resort to printing money to meet its obligations. If this occurs, the government will repay its debt in an increasingly cheapened amount of money, <a href="https://www.cato.org/blog/output-gap-federal-budget-deficit-threat-debt-monetization">transferring</a> wealth from the public (the money holders) to the government (money issuers).</p>



<p data-beyondwords-marker="d7b94d9e-193e-4ae9-a2ef-6e3e09ad7b7e">This has played out throughout history. From Smith’s <a href="https://oll.libertyfund.org/titles/smith-an-inquiry-into-the-nature-and-causes-of-the-wealth-of-nations-cannan-ed-vol-2#lf0206-02_label_705">discussion</a> of debt monetization in the Roman Republic and his own time to <a href="https://www.econlib.org/library/Enc/Hyperinflation.html">Germany</a> following World War I, <a href="https://fee.org/articles/how-japan-s-government-looted-the-future-and-its-children-are-paying-the-price/">Japan’s Lost Generation</a>, <a href="https://www.aier.org/article/argentinas-rampant-inflation-explained-in-one-chart/">Argentina</a> over the past 25 years, and <a href="https://www.euronews.com/2022/11/09/everything-is-overheating-why-is-turkeys-economy-in-such-a-mess">Turkey</a> under President Erdoğan, the results are the same. Debt monetization leaves the average person poorer as their purchasing power evaporates, while government treats it as an escape from debt.</p>



<p data-beyondwords-marker="09a44973-e186-4400-85ca-424e093f99bd"><strong>Fiscal Accommodation in the United States</strong></p>



<p data-beyondwords-marker="7f473e0a-1f1f-4202-b712-d3a80da7f546">In the United States, policymakers attempted to prevent debt monetization by separating government spending and money printing. One such constraint was a gold standard, which limited how much money the Federal Reserve could print based on the quantity of gold. The dollar&#8217;s connection to gold, however, slowly <a href="https://www.cato.org/policy-analysis/rise-fall-gold-standard-united-states">withered</a> over the course of the twentieth century.</p>



<p data-beyondwords-marker="214e98d8-f8cd-4214-8d96-172f7998fa84">After World War II, US Treasury officials <a href="https://www.federalreservehistory.org/essays/treasury-fed-accord">expected</a> monetary policy to continue accommodating government debt as it did during the war, leading them to pressure the Federal Reserve into purchasing new Treasury debt. Fed officials, conversely, wanted to pursue a strategy to deal with post-war inflation. After some contention between President Truman and the members of the FOMC, the Treasury and the Fed <a href="https://www.richmondfed.org/publications/research/goodfriend/plosser">compromised</a> in March 1951. The Fed would continue supporting the price of five-year Treasury notes for a short time, but after that, the bond market would be on its own.</p>



<figure data-beyondwords-marker="f2df4220-b96c-4cd0-8a35-86150dd98e6d" class="wp-block-pullquote"><blockquote><p>If the United States is to avoid the failures Smith warned about, it must reinforce credible institutional boundaries between fiscal and monetary authorities.</p></blockquote></figure>



<p data-beyondwords-marker="8433867d-1050-4906-bf69-eb8a3d60500b">On paper, the Fed and Treasury were separate. In practice, however, Congress and the White House <a href="https://www.cato.org/commentary/fed-nothing-succeeds-failure">continually</a> pressured the Fed to purchase debt to accommodate expansive spending for the Vietnam War and Containment Policy abroad and the Great Society at home. Under the Bretton Woods international gold exchange system established after World War II, foreign governments were required to <a href="https://www.cato.org/policy-analysis/rise-fall-gold-standard-united-states">redeem</a> their gold in US dollars. The federal government took advantage of this by printing more dollars than could be redeemed in gold. As countries became aware of this fact, President Nixon <a href="https://fusionaier.org/2024/good-as-gold/">suspended</a> the ability for those governments to exchange dollars for gold in August 1971, promising the measure would be temporary. That temporary suspension remains in place today.</p>



<p data-beyondwords-marker="bc5cd074-5bc7-4988-8ab0-c6f5011d3895">Elected officials, bureaucrats, and academics found it easier to <a href="https://www.aier.org/article/the-fed-and-political-independence-its-complicated/">pressure</a> the Fed into aligning monetary policy with fiscal priorities once the dollar was no longer tied to gold. The Fed, however, is not blameless. In some cases, it willingly <a href="https://thedailyeconomy.org/article/the-feds-mission-creep-under-jerome-powell/">embraced</a> accommodating fiscal policy while still <a href="https://thedailyeconomy.org/article/the-fed-and-political-independence-its-complicated/">claiming</a> to be above politics.</p>



<p data-beyondwords-marker="be77b915-dc7c-4e9d-ad11-bf0b0889eb13">The Fed’s dual mandate (maintaining stable prices and full employment) <a href="https://www.independent.org/article/2025/12/25/the-feds-phantom-tradeoff/">creates</a> policy uncertainty as markets are kept guessing about the Fed’s next move. Now, there are <a href="https://www.researchfrc.com/prediction-markets/fed-decision-in-april">betting markets</a> to help Fed watchers forecast decisions. Meanwhile, each new economic downturn invites further <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4598286">mission creep</a> at the Fed. Most recently, this is evident in the Fed’s responses to <a href="https://www.reuters.com/article/world/fiscal-monetary-policy-are-blurred-fed-s-plosser-idUSTRE81N1HX/">The Great Recession</a> and the <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3726345">COVID-19 Contraction</a>, particularly purchasing federal and <a href="https://thedailyeconomy.org/article/mission-creep-the-feds-foray-into-state-and-local-debt/">municipal</a> government debt.</p>



<p data-beyondwords-marker="f1b82f26-bc41-407a-bb58-d0cfe80135cb">All the while, the United States risks succumbing to the same fate as other nations that attempted this juggling trick: a weaker dollar, higher taxes, and a declining standard of living.</p>



<p data-beyondwords-marker="1ebae209-26e7-41a4-8c51-b66e58c21274"><strong>Restoring Order Between Fiscal and Monetary Policy</strong></p>



<p data-beyondwords-marker="b222a1e7-f9f2-4116-b75d-f581c460b03b">In 2022, Former Philadelphia Fed President Charles Plosser <a href="https://www.hoover.org/sites/default/files/research/docs/22104-plosser.pdf">called</a> for a new Treasury-Fed accord, with “clearer boundaries between monetary and fiscal policies” enshrined in law through amendments to the Federal Reserve Act. These include restricting the Fed to holding only Treasury Securities and an amendment to the Federal Reserve Act requiring all credit programs be “initiated and managed by the Treasury.” By reducing the Fed’s balance sheet to Treasury Securities, it prevents the Fed from engaging in mission creep by intervening in other areas of the economy. Removing the Fed’s ability to allocate credit, it takes away much of the White House and Congress’s ability to pressure the Fed.</p>



<p data-beyondwords-marker="9138a98d-86c4-4bda-89f0-cdd3f3c56755">While these first steps can help, further <a href="https://lawliberty.org/two-rules-to-tackle-americas-debt/">institutional restraints</a> on both monetary and fiscal policies will be helpful. Applying a stringent monetary rule, such as a <a href="https://aier.org/article/the-fed-needs-a-single-mandate/">single mandate of price stability</a> or a <a href="https://thedailyeconomy.org/article/a-rare-split-at-the-fed-and-why-it-makes-sense/">Nominal GDP target</a>, can help constrain mission creep at the Fed. Additionally, constitutional fiscal rules limiting how much the federal government can tax and spend, as well as what it can spend on, will help keep fiscal discipline.</p>



<p data-beyondwords-marker="93c1469e-3eb8-45ae-958e-8b09eabf5149">A return to the gold standard will keep both monetary and fiscal discipline. The amount of paper money that can be issued must be limited to the supply of gold, while budget deficits must be financed by tax increases, spending cuts, or debt paid for by tax increases and spending cuts in the future lest the government default. While returning to the gold standard is <a href="https://ssrn.com/abstract=3157678">politically difficult</a>, Judy Shelton <a href="https://lawliberty.org/book-review/making-money-work-for-everyone/">offers</a> a possible pathway to returning to the gold standard through gold-backed Treasury obligations.</p>



<p data-beyondwords-marker="368b62ae-da47-4393-86c9-ecb846719f03"><strong>The Need for Boundaries</strong></p>



<p data-beyondwords-marker="050b4f3e-0620-4bea-9aff-92cd82cbdbfa">Ultimately, the temptation to finance debt through monetization is a recurring feature of political systems that seek to deliver immediate benefits while postponing costs. History shows, however, that this strategy disguises default rather than prevents it.</p>



<p data-beyondwords-marker="aeec603e-921b-47e6-a84e-4307ee3528b3">If the United States is to avoid the failures Smith warned about, it must reinforce credible institutional boundaries between fiscal and monetary authorities. Without such constraints, the juggling trick will persist, gradually eroding purchasing power, distorting behavior, and undermining long-term prosperity. Sound money and disciplined fiscal policy remain essential safeguards for the future.</p>



<p data-beyondwords-marker="6ca5c4b9-465f-4a7c-8062-72a1139f8e14">When it comes to the Treasury and the Fed, the old insight still <a href="https://fusionaier.org/2025/good-fences-make-good-neighbors/">holds</a>: good fences make good neighbors.</p>
<p>The post <a href="https://lawliberty.org/the-juggling-act/">The Juggling Act</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></content>
		
			</entry>
		<entry>
		<author>
			<name>Titus Techera</name>
					</author>

		<title type="html"><![CDATA[Humanity Lost in Space]]></title>
		<link href="https://lawliberty.org/humanity-lost-in-space/" rel="alternate" type="text/html"/>

		<id>https://lawliberty.org/?p=75245</id>
		<updated>2026-04-09T11:58:51Z</updated>
		<published>2026-04-10T10:01:00Z</published>
		<category scheme="https://lawliberty.org/" term="Law &amp; Liberty Essays"/><category scheme="https://lawliberty.org/" term="Humanity"/><category scheme="https://lawliberty.org/" term="Project Hail Mary"/><category scheme="https://lawliberty.org/" term="Ryan Gosling"/><category scheme="https://lawliberty.org/" term="Titus Techera"/>
		<summary type="html"><![CDATA[<p>Americans are falling in love with Project Hail Mary, a movie about an astronaut who finds himself alone at the end of the universe, with perhaps no hope of ever returning among mankind. He then has to figure out how to save mankind in very difficult circumstances, by his wits and his technical know-how. A [&#8230;]</p>
<p>The post <a href="https://lawliberty.org/humanity-lost-in-space/">Humanity Lost in Space</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></summary>

					<content type="html" xml:base="https://lawliberty.org/humanity-lost-in-space/"><![CDATA[
<p data-beyondwords-marker="c82d4529-7764-4f23-a026-ad97da8cc3d1">Americans are falling in love with <em>Project Hail Mary</em>, a movie about an astronaut who finds himself alone at the end of the universe, with perhaps no hope of ever returning among mankind. He then has to figure out how to save mankind in very difficult circumstances, by his wits and his technical know-how. A man a lot like the navigator-turned-shipwreck Robinson Crusoe, so much so that it’s worth comparing them, their stories, and why they matter to modern society.</p>



<p data-beyondwords-marker="c4fba5b4-9502-43ae-a9c7-faf2c54a3293"><em>Robinson Crusoe</em> was published in 1719 and instantly became a bestseller, making Defoe famous far beyond his politicking circles—he was a journalist, pamphleteer, as well as spy and political agent. The novel started a genre of survival stories of which perhaps the only famous one nowadays is the 1812 novel <em>Swiss Family Robinson</em> by Johann David Wyss, which had a number of sequels by other authors (including Jules Verne), was adapted several times in Hollywood, and inspired a number of TV series, of which <em>Lost in Space</em> (1965–68) is most famous (and was recently remade by Netflix).</p>



<p data-beyondwords-marker="fee3b634-b51e-4c9b-91cc-d11ea72209d5">Eventually, this kind of survival story inspired Andy Weir, the author of science fiction novels including 2014’s <em>The Martian</em>, in which a scientist is spaceship-wrecked on Mars and has to survive there until NASA can retrieve him. (In reality, when two astronauts were stranded on the International Space Station in 2024—an eight-day mission turning into 286 days off-planet—NASA had to ask Elon Musk to send a rocket to get them.) The novel was very successful, and it was then quickly adapted to a similarly successful movie of the same name in 2015. So in 2021, Andy Weir came back to the survival story and offered a variation: <em>Project Hail Mary</em>. Now, it’s already on screens, and it’s a big hit, having made more than $160M in its first ten days.</p>



<p data-beyondwords-marker="88808e37-3454-40cf-9a89-90a03c705072">A couple of aspects of the stories are reversed. The scientific protagonist of <em>The Martian</em> was stranded and in need of saving, whereas the protagonist of <em>Project Hail Mary</em> is himself on a mission to save the world and, instead of wrecking, he may be said to be marooned. Our world, and in fact a large part of the galaxy, is in danger because of an astrophage, which, as the name suggests, means “star-eater.”</p>



<p data-beyondwords-marker="ec3338ec-700d-4b72-9347-47a66a98143c">The thing eating the stars is a life form, indeed a microorganism. A global scientific mission is needed to gather the resources, the scientists, and the plans to investigate and solve the problem before the sun goes dark and cold and mankind is extinguished. That global effort soon turns out to need Ryland Grace (Ryan Gosling), a molecular biologist who turns out to be a very clever engineer, too. He’s our protagonist, of course.</p>



<p data-beyondwords-marker="d135fd63-e768-4c81-9d42-2c960275a0d0">Weir introduces another change from the earlier novel. The titular Martian was all by himself, whereas Grace finds a friend on his space mission, and they work together to save their planets. Grace dubs the alien Rocky, because he looks like a bunch of rocks put together by a kid who doesn’t quite know what a spider is supposed to look like. Together, the two Weir stories, which may also be the two most successful new sci-fi movies of the last decade, give us Robinson Crusoe’s 28 years on his island. At first, Crusoe survives by himself, but in the last couple of years, he saves a cannibal from other cannibals and dubs him Friday. They work together and so, once no longer alone, the trouble of escaping his fate becomes manageable for Crusoe.</p>



<p data-beyondwords-marker="6ea4b505-2e71-4167-beb3-56a6a59b81c3">Weir’s novels, just like Defoe’s, suggest what we have come to call rugged individualism, a distinctly American character, a quality of self-reliance that allows a man to defy his fate. It’s a mix of return to nature and the conquest of nature. For Defoe, Crusoe is a way to investigate the state of nature, the distinctive theory of human origins that underlies liberal politics. And if one wanted to exaggerate for the sake of example, one could say that Defoe wrote a novelization of his contemporary John Locke’s <em>Second Treatise of Government</em>, or at least its famous fifth chapter: “<a href="https://oll.libertyfund.org/titles/locke-the-works-of-john-locke-vol-4-economic-writings-and-two-treatises-of-government#lf0128-04_label_256">Of Property</a>.”</p>



<figure data-beyondwords-marker="f1672117-3875-4e9e-9505-8fd8bc9a9236" class="wp-block-pullquote"><blockquote><p>Grace, unlike Crusoe, has nothing to teach his companion—neither civilization nor Christianity.</p></blockquote></figure>



<p data-beyondwords-marker="b8ba6f37-7093-49b7-b3ed-7587ca2560a7">But then there is the problem of Friday. When Crusoe saves his life, he not only gives him a name, but also tells Friday to call him Master. This reminds us that Crusoe was himself a slave in Morocco, after which he saved a slave boy’s life only to sell him into slavery; and that he later got himself shipwrecked because he wanted to sail from his plantation in Brazil to Africa to buy slaves. Throughout his isolation on the island, Crusoe indeed dreams of getting a servant—and then that dream is realized in Friday.</p>



<p data-beyondwords-marker="94e40a36-a3b4-49a2-a8ed-e18268f01915"><em>Project Hail Mary</em>, though, does not involve slaves! There is nowadays no need for it. All the work Crusoe gets out of slaves is done in our present age by technology. One of Crusoe’s impediments is that he cannot work metal, and so his tools are always quite bad. He is a hunter at first, then a farmer, rehearsing the stages of mankind. Weir’s scientific protagonist can take all that for granted. Grace, however, does need a technical assistant, and Rocky turns out to be a natural engineer and very docile. The two meet on terms of equality—or in a way, Rocky does more to help Grace, since he is more skillful. But Grace soon assumes leadership, because he’s more intelligent and imaginative, without instituting any inequality.</p>



<p data-beyondwords-marker="5cdfa146-79bc-44bf-92a2-5242dfb73bd2">One could call the meeting of the two aliens providential or merely a matter of chance. Each interpretation has consequences for how one thinks about life and human life especially, which we’ll explore. First, let’s consider religion. Crusoe becomes a Christian in his time of isolation, reading the Bible, but more importantly reflecting on the miseries and suffering of his life, thinking himself to blame, and looking to set wrong things to right in his soul. So he also teaches Christianity to Friday, whose existence poses problems. How can God be God and yet allow cannibalism?</p>



<p data-beyondwords-marker="1e138a9e-b583-4c4c-a7c1-440251468c55">It goes without saying, Grace, despite his name, has no thought of God and doesn’t entertain the idea of explaining Christianity to Rocky, even as an amusing question. We may say Grace has to take a leap of faith when Rocky asks him to take off his spacesuit helmet. Grace is afraid he’ll suffocate, yet he puts his life in his new friend’s hands. We never find out what basis there is for that trust; perhaps there is none—perhaps because there is no ground of trust, whether in providence or nature or something else.</p>



<p data-beyondwords-marker="bb86c47b-9f2e-4dec-b464-b1e684ff1639">Now, Crusoe and Friday are of the same species, potentially dangerous to each other, but also able to think about life and human life in very similar ways. Grace and Rocky have the same enemy: the astrophage. They want the same thing: to save their respective species. So they somehow establish, to speak like Locke, the right to life, the fundamental part of modern politics. But <em>Project Hail Mary</em> is silent on whether that right depends on being human or perhaps any living being has it. Is a rock-like spider human if it is technically capable, able to communicate (through a translation device), and willing to live or die together in trust?</p>



<p data-beyondwords-marker="7955ff1a-c9dd-4cd0-a0cd-15ba09aeb1e1">Put otherwise, does the <em>form</em> of the human being matter, or would any form do so long as one is able to manipulate matter for technical purposes? The very existence of the alien from another solar system—indicating there is no immediate competition or enmity between these two alien species, with another atmosphere and another biology—suggests that life is somehow a matter of chance. <em>Project Hail Mary</em> suggests we may all be creatures of circumstances, and we just have to make the best of them.</p>



<p data-beyondwords-marker="35138cfe-e406-4b4b-a7b7-a5f03098dfff">Self-reliance and the investigation of humanity in the state of nature have therefore transformed tremendously in the three centuries since Defoe wrote. The friendship of Rocky and Grace has replaced religion, even as technological advances have made incredible new powers available and a new knowledge of being alive in a dangerous universe. This is why Rocky and Grace are equals, whereas Crusoe thought of himself as master of Friday. Grace, unlike Crusoe, has nothing to teach his companion—neither civilization nor Christianity.</p>



<p data-beyondwords-marker="32d8300b-d5c6-43dd-bc0b-5c4f6de27602">In other words, <em>Project Hail Mary</em> cannot give an account of being human through the encounter with the alien it depicts. This is a very worrisome transformation. Perhaps as a society we are not p<em>rogressing</em> after all. At least, it seems, our stories are not.</p>
<p>The post <a href="https://lawliberty.org/humanity-lost-in-space/">Humanity Lost in Space</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></content>
		
			</entry>
		<entry>
		<author>
			<name>Philip Hamburger</name>
							<uri>http://www.law.columbia.edu/fac/Philip_Hamburger</uri>
						</author>

		<title type="html"><![CDATA[Allegiance, Birthright, and Citizenship]]></title>
		<link href="https://lawliberty.org/allegiance-birthright-and-citizenship/" rel="alternate" type="text/html"/>

		<id>https://lawliberty.org/?p=75345</id>
		<updated>2026-04-09T14:43:00Z</updated>
		<published>2026-04-09T10:01:00Z</published>
		<category scheme="https://lawliberty.org/" term="Law &amp; Liberty Essays"/><category scheme="https://lawliberty.org/" term="Allegiance"/><category scheme="https://lawliberty.org/" term="Birthright citizenship"/><category scheme="https://lawliberty.org/" term="Citizenship"/><category scheme="https://lawliberty.org/" term="Constitution"/><category scheme="https://lawliberty.org/" term="Fourteenth Amendment"/><category scheme="https://lawliberty.org/" term="Philip Hamburger"/>
		<summary type="html"><![CDATA[<p>When the Supreme Court, on April 1, heard arguments about birthright citizenship in Trump v. Barbara, the justices focused on jurisdiction. The Fourteenth Amendment provides: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The extent [&#8230;]</p>
<p>The post <a href="https://lawliberty.org/allegiance-birthright-and-citizenship/">Allegiance, Birthright, and Citizenship</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></summary>

					<content type="html" xml:base="https://lawliberty.org/allegiance-birthright-and-citizenship/"><![CDATA[
<p data-beyondwords-marker="555230e7-f16f-4d14-bf32-e92511ba2602">When the Supreme Court, on April 1, heard arguments about birthright citizenship in <em><a href="https://www.oyez.org/cases/2025/25-365">Trump v. Barbara</a></em>, the justices focused on jurisdiction. The Fourteenth Amendment provides: “All persons born or naturalized in the United States, <em>and</em> <em>subject to the jurisdiction thereof</em>, are citizens of the United States and of the State wherein they reside.” The extent of birthright citizenship thus turns on conflicting ideas about jurisdiction—one view being based on territory, the other on exclusive allegiance.</p>



<p data-beyondwords-marker="b4371619-bef8-4bf8-a361-9c8d20fb4955">The territorial approach guarantees citizenship for the children of almost anyone who gets across the border, including temporary and unlawful visitors. As put by the lawyer arguing against the government, “Virtually everyone born on U.S. soil is subject to its jurisdiction and is a citizen.”&nbsp;</p>



<p data-beyondwords-marker="c2f49908-35e7-4e64-b59b-07196f1a89b1">But is that true? The Fourteenth Amendment’s guarantee of citizenship was, indisputably, designed to assure citizenship to Black Americans, mostly former slaves. So, it’s not unreasonable to ask about the breadth of that guarantee. Was it so expansive as to assure citizenship to the children of almost anyone who gets across the border?</p>



<p data-beyondwords-marker="cf2ca29b-e447-4afc-aa58-a3186eac7724"><strong>Different Types of Jurisdiction</strong></p>



<p data-beyondwords-marker="cc1c1e5e-80a5-40e4-af22-d5b762394ce5">To answer that question, let’s consider some different concepts of jurisdiction. The justices’ questioning on April 1 revealed something very odd. At least several of them apparently think that if they discern the prevailing idea of jurisdiction in the 1860s, that will reveal the meaning of the Fourteenth Amendment’s word “jurisdiction”—as if a single idea of jurisdiction was dominant for all purposes. But then, as now, different ideas of jurisdiction could coexist, each being valuable for different purposes. Put simply, jurisdiction comes in layers, like Russian dolls.&nbsp;</p>



<p data-beyondwords-marker="c6ca65f8-e66f-4640-983f-fc36a0dc49b4">The broadest jurisdiction of the United States is sometimes imposed on foreign criminals who have adversely affected the United States, but who have never set foot within this country or otherwise voluntarily agreed to its jurisdiction.&nbsp;</p>



<p data-beyondwords-marker="761a17d9-ff2e-4f00-a22f-17f25e12d242">The nation’s territorial jurisdiction is not quite as expansive, but it’s remarkably broad, covering almost all persons within the United States, with exceptions only for ambassadors, etc. For purposes of criminal law and other legal proceedings, this territorial jurisdiction is very valuable; it means that almost anyone within the nation is subject to its laws. But for purposes of citizenship, it would constitutionalize the improbable and irresponsible message: “Get across the border, and your children will be citizens!”&nbsp;</p>



<p data-beyondwords-marker="2cee578f-c55a-4a2c-9b2e-24140630ab94">Coexisting with the extra-territorial and territorial versions of jurisdiction is a more focused vision—one that centers on persons, mostly citizens, whose allegiance is exclusively to the United States, not other nations. This core vision of jurisdiction is precisely what one would expect of a constitutional amendment that aimed to protect citizenship in the aftermath of slavery.&nbsp;</p>



<p data-beyondwords-marker="3681d8e5-c5ff-4855-946c-09efa82e9095">Which layer of jurisdiction was that of the Fourteenth Amendment? Obviously, not the extra-territorial jurisdiction. That leaves a choice between the territorial and the exclusive-allegiance visions.&nbsp;</p>



<p data-beyondwords-marker="a98ee773-19fa-4c24-b181-594bb9049249">Of course, these two ideas of jurisdiction co-existed at the time the Fourteenth Amendment was adopted, and they weren’t inconsistent because they were used for different purposes. This point is crucial. It requires emphasis because, as already hinted, some of the justices don’t seem to understand it.&nbsp;</p>



<p data-beyondwords-marker="9372de79-cfaa-40e4-9c9e-deccd8b12ff1">Some of the justices on April 1 quoted nineteenth-century generalizations about territorial jurisdiction—the idea that persons within the United States are subject to its laws—to suggest that this was the jurisdiction adopted by the Fourteenth Amendment. But such statements prove nothing of the sort. The nineteenth-century reliance on territorial jurisdiction to define legal accountability doesn’t mean there wasn’t reliance on exclusive-allegiance jurisdiction to define citizenship. On the contrary, one would expect these two types of jurisdiction to be embraced at the same time for these different purposes.</p>



<p data-beyondwords-marker="f567c0b1-d82f-4ce6-b4ab-2055cdfdfb63">It’s therefore necessary to discern which was the sort of jurisdiction the Fourteenth Amendment adopted.</p>



<p data-beyondwords-marker="663e99a3-88e8-40e3-8f63-daa17745e86c"><strong>Drafting&nbsp;</strong></p>



<p data-beyondwords-marker="df47ab4e-b2dd-4102-ba2a-28c03ef07464">The drafters of the Fourteenth Amendment repeatedly explained that they were referring to exclusive-allegiance jurisdiction, not territorial jurisdiction. A wide range of scholars, including <a href="https://www.wsj.com/opinion/trump-is-right-on-birthright-citizenship-954ae377">Randy Barnett</a>, <a href="https://www.civitasinstitute.org/research/the-case-against-birthright-citizenship">Richard Epstein</a>, <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5223361">Samuel Estreicher and Rudra Reddy</a>, <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5140319">Kurt Lash</a>, <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6468663">Tom Lee</a>, and <a href="https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2026/02/49.Wurman.pdf">Ilan Wurman</a>, have explored the evidence. Here, a few quotations from 1866 should suffice. Senator Trumbull said the Amendment’s jurisdictional clause meant “subject to the complete jurisdiction” of the United States or “not owing allegiance to anybody else.” Similarly, Senator Williams understood the clause “to mean fully and completely subject to the jurisdiction of the United States,” and Senator Howard said it concerned “a full and complete jurisdiction.” Along the same lines, Senator Johnson explained that it referred to persons “not subject to some foreign Power.” This was the jurisdiction of the United States over persons whose allegiance was exclusively to the nation, not other countries.</p>



<p data-beyondwords-marker="88c3f081-e327-4cb2-9941-7eec0b000e90">The amendment’s definition of citizenship was a response to the nation’s agonizing history of slavery and liberation. After the <em><a href="https://www.oyez.org/cases/1850-1900/60us393">Dred Scott Case</a></em> in 1857 denied that Black Americans could be citizens, the amendment recognized them as full and equal members of our society. The amendment assured them of citizenship and, for this purpose, the drafters relied on the core, exclusive-allegiance understanding of jurisdiction.&nbsp;</p>



<p data-beyondwords-marker="485ad09b-443f-474c-b424-0bb059ef6365">The drafters made the reasonable assumption that Black Americans were fully loyal to the United States, not any other nation, and thus were within the jurisdiction of the United States, defined in terms of exclusive allegiance. But what can be assumed about the children of temporary and unlawful visitors—children of parents who haven’t given primary allegiance to this country, including parents who have entered in violation of the law? It would be a perversion of the ideal of citizenship to stretch the Fourteenth Amendment’s conception of jurisdiction that far.&nbsp;</p>



<p data-beyondwords-marker="c91f099f-5cae-4420-b4e9-5934af80785b"><strong>Text</strong></p>



<p data-beyondwords-marker="0c97a20c-672e-4b84-8f83-25c51a0abf7f">How can we be confident that the Constitution rejected territorial jurisdiction and, instead, meant exclusive-allegiance jurisdiction? The answer is simple: the text.&nbsp;</p>



<p data-beyondwords-marker="414382b0-2061-4a2b-80fc-ac79b1a45364">Wait a minute, you may protest, the Fourteenth Amendment mentions “jurisdiction” without specifying either territorial or exclusive-allegiance jurisdiction. True enough. But that doesn’t mean the text is unrevealing.&nbsp;</p>



<p data-beyondwords-marker="feb47406-201b-4481-ad8a-32145fc48b8c">The Fourteenth Amendment speaks of persons born in the United States <em>and</em> subject to its jurisdiction. In other words, its territorial limitation and its jurisdictional limitation are different.&nbsp;</p>



<figure data-beyondwords-marker="58f70cf9-a099-4b04-9365-f72f3d159e2d" class="wp-block-pullquote alignright"><blockquote><p>English ideas about subjects translate to American ideas about who is bound by law, not to American ideas of citizenship.&nbsp;</p></blockquote></figure>



<p data-beyondwords-marker="a1f89d83-cc94-43e0-8fa2-907ecf7e0bbb">The Thirteenth Amendment declares: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, <em>or any place subject to their jurisdiction</em>.” Slavery is thus barred within places, including jurisdiction defined by place. In contrast, the Fourteenth Amendment defines US citizenship in terms of persons “subject to the jurisdiction” of the United States, without any mention of “place.” This suggests that the jurisdiction relevant for US citizenship is one of exclusive allegiance, not location.&nbsp;</p>



<p data-beyondwords-marker="866a6bc5-a2db-4f87-afb1-f09af89fd601">The different jurisdictions make sense when one considers the different purposes of the two amendments. The Thirteenth aimed to bar slavery and therefore had to exclude it territorially—from “the United States, or any place subject to their jurisdiction.” The Fourteenth assured citizenship to Black Americans and therefore relied more narrowly on the non-territorial jurisdiction—the jurisdiction over persons with unqualified allegiance to the United States.</p>



<p data-beyondwords-marker="4ba1424f-258d-4031-850c-b2d0ef2e1305">Confirming this conclusion, the Fourteenth Amendment establishes state citizenship in terms of “the State wherein they reside.” Whereas US citizenship was not a matter of place or residence, state citizenship additionally required residence.&nbsp;</p>



<p data-beyondwords-marker="2ea7c3dd-ee8a-4905-bcde-bd8f47b4db24">Not once, but repeatedly, the Constitution’s text reveals that the Fourteenth Amendment’s jurisdictional requirement for US citizenship isn’t territorial. Against the background evidence from the debates, the text makes clear that its jurisdictional requirement, and therefore citizenship, rests on the core, exclusive-allegiance jurisdiction, not territorial jurisdiction.</p>



<p data-beyondwords-marker="cee2892b-acc3-496e-9fc4-55d4890672f6"><strong>Common Law</strong></p>



<p data-beyondwords-marker="dc99c87a-95bf-4595-9285-b3fbb832558a">On April 1, the justices of the Supreme Court repeatedly referred back to the <a href="https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2026/02/49.Wurman.pdf">largely</a> territorial vision of English common law. Justice Elena Kagan, for example, declared:</p>



<blockquote data-beyondwords-marker="6c5314bb-c738-4a00-8c58-7fb2937bb28f" class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p data-beyondwords-marker="449a16a8-441a-4860-8d8c-a40672c918fe">The rationale of the case is really quite clear. It says there was this common law tradition. It came from England. We know what it was. Everybody got citizenship by birth except for a few discrete categories.&nbsp;</p>



<p data-beyondwords-marker="449a16a8-441a-4860-8d8c-a40672c918fe">And that tradition carried over to the United States. And then what the Fourteenth Amendment did was accept that tradition and not attempt to place any limitations on it. If that were true—if the common law gave citizenship to nearly everyone born on English territory—then that would seem a telling argument.&nbsp;</p>
</blockquote>



<p data-beyondwords-marker="8f1962aa-92ac-4740-b57a-8627c8e0f144">But in England there was no such thing as a citizen. Instead, the common law rule determined who was a subject of the Crown—meaning someone who was subject to law. Of course, the children of most visiting foreigners were subject to the law—that’s the standard role of territorial jurisdiction. But who is subject to the law is a very different question from who is a citizen.</p>



<p data-beyondwords-marker="430f52eb-f21b-4527-a75b-80348c8fdda2">Justice Kagan said that the common law’s territorial rule was “very generous” in that it “extended citizenship to those born there who may not have been born of parent citizens.” Again, however, the common law rule was not about citizenship, and was not so much generous as merely sensible in saying that almost all persons in the king’s territory were his subjects and thus subject to his laws.</p>



<p data-beyondwords-marker="f84cdfa9-575e-45db-90d4-cf3fb1c63878">The common law’s territorial rule on who was a subject is, at best, a distraction from the question of who is a citizen. Indeed, to conflate these issues is a category error. English ideas about subjects translate to American ideas about who is bound by law, not to American ideas of citizenship. </p>



<p data-beyondwords-marker="ce35a7b3-569a-48d9-a844-6109fce59d4b"><strong>Allegiance</strong></p>



<p data-beyondwords-marker="050dc732-f69c-4a3f-a60e-e8dbc7dc08f7">The territorial vision of jurisdiction defined who was bound by law and who enjoyed its protection, and this was often discussed in terms of allegiance. It was a commonplace that allegiance and protection were <a href="https://scholarship.law.columbia.edu/faculty_scholarship/94/">reciprocal</a>. But there was more than one sort of allegiance.</p>



<p data-beyondwords-marker="46c198c4-c59b-4a88-8bce-1d84ad9a2762">Some of the justices on April 1 conflated the generic, territorially defined allegiance, which was a matter of obedience to the laws, with the exclusive or complete allegiance, meaning loyalty, that was the foundation for American citizenship. The two types of allegiance, however, were different.&nbsp;</p>



<p data-beyondwords-marker="4746f788-8cd7-4e93-9607-ad9d3707428d">How different? The territorially defined allegiance, being a question of obedience, included aliens in amity; it even included enemy aliens who were licensed to remain during wartime. It thus extended to many persons who owed their primary allegiance to foreign and even enemy nations.&nbsp;</p>



<p data-beyondwords-marker="44b53995-c0c1-4c62-9409-5c28aa704859">That capacious sort of allegiance, based on territorial jurisdiction, was a good measure of who was bound by the laws. But it’s strange to think it was the foundation for citizenship.&nbsp;</p>



<p data-beyondwords-marker="ff536dd0-036c-4856-9c55-c60f7c7b8127">Whereas territorial jurisdiction was the basis for a generic allegiance to the laws, only an exclusive allegiance, in the sense of loyalty, could be the measure of who was an American citizen. That’s why the drafters of the Fourteenth Amendment repeatedly emphasized that its phrase “subject to the jurisdiction of the United States” meant exclusive jurisdiction. In their words, it referred to “complete” jurisdiction and applied to persons “not subject to some foreign Power.”</p>



<p data-beyondwords-marker="5be80063-966b-4a51-b119-ebc0720c8254">At this point, we must return to the text—in particular, the Fourteenth Amendment’s distinction between being <em>within</em> a jurisdiction and <em>subject to</em> a jurisdiction. Not only were allegiance and protection said to be reciprocal, but it was also thought that the protection should be equal. This ideal of equal protection was assumed to reach across a state’s territorial jurisdiction. So, when the Fourteenth Amendment recites that no state shall deny the equal protection of the laws to any person “within its jurisdiction,” it is speaking of territorial jurisdiction. In contrast, when defining citizenship, the Amendment uses the phrase “subject to the jurisdiction” of the United States. That phrase is only slightly different, but it’s a reminder of what the drafters repeatedly said: that it referred only to persons owing exclusive or complete allegiance.</p>



<p data-beyondwords-marker="e029cd87-3264-4c47-a9a0-c0945cd35859"><strong>Precedent</strong></p>



<p data-beyondwords-marker="46d59dfd-6638-49ed-a211-3cc948a6d7a3">What about precedent? In particular, what’s the weight of <em><a href="https://www.oyez.org/cases/1850-1900/169us649">United States v. Wong Kim Ark</a></em> (1898)?&nbsp;</p>



<p data-beyondwords-marker="7b47e9f8-c763-496b-9abb-d61c2a2d96e9">The facts of the case fall squarely within the exclusive-allegiance vision of jurisdiction. That may seem difficult to believe, because the case has been heralded for its territorial vision of citizenship, but the facts repay close attention.</p>



<p data-beyondwords-marker="de2c6b6d-192d-45cd-b9f0-6a6bf0e0277f">Remember, the Fourteenth Amendment assured citizenship to persons who had unqualified allegiance to the United States but were barred from citizenship. That was also the situation of Wong Kim Ark.</p>



<p data-beyondwords-marker="65d530f0-8e15-4fb6-b97c-149bf95334b5">The stipulated facts presented the case on the basis of allegiance, not territory. At the time of Wong Kim Ark’s birth, “his mother and father were domiciled residents of the United States, and had established and enjoyed a permanent domicile and residence therein.” Since then, he had claimed to be a “citizen of the United States.” Although that didn’t mean he was a citizen, it showed the depth of his allegiance. Indeed, the agreed facts added that neither he nor his parents “ever renounced his allegiance to the United States” and that he has “never done or committed any act or thing to exclude him therefrom.” His allegiance was unquestioned.</p>



<p data-beyondwords-marker="7dac3f0c-cd87-4230-a45a-aeb23fc8dccd">It was a time when “double allegiance, in the sense of double nationality, has no place in our law.” Wong Kim Ark’s allegiance was thus entirely to the United States.</p>



<figure data-beyondwords-marker="85bc696e-c39a-4831-b598-f739cd06cba8" class="wp-block-pullquote"><blockquote><p>One consideration after another cuts against a territorial vision of birthright citizenship.</p></blockquote></figure>



<p data-beyondwords-marker="081184e5-f87a-4c98-b318-0279f6055f89">His difficulty was that the 1882 Chinese Exclusion Act declared that no court “shall admit Chinese to citizenship.” This put Wong Kim Ark in the same sort of position as free Black Americans in the aftermath of the <em>Dred Scott Case</em>. He had as much allegiance to the United States as was possible but for discrimination.&nbsp;</p>



<p data-beyondwords-marker="f79b8ad1-6d4e-4abe-aa32-c64397e58002">The facts of the case were thus squarely within the Fourteenth Amendment’s exclusive-allegiance vision of jurisdiction. To the extent the Supreme Court’s opinion drifted toward a theory of territorial jurisdiction, it went beyond the facts.&nbsp;</p>



<p data-beyondwords-marker="a150aa86-e6cf-4693-8f27-69fa4c2d3814">That’s not the only weakness of the precedent. Just as troubling, the Court in <em>Wong Kim Ark</em> apparently didn’t hear the arguments from the Constitution’s text—something that’s crucial. For at least two reasons, therefore, that precedent can’t be considered dispositive.&nbsp;</p>



<p data-beyondwords-marker="11c380d7-dbc1-4234-96ec-86c6f22546fc"><strong>Policy</strong></p>



<p data-beyondwords-marker="64c88001-192e-4593-b662-1820cf93a382">Policy considerations matter—not to displace principle, but to reveal the value of the Constitution’s textual rejection of territorial jurisdiction. One such consideration is that citizenship is different from equal protection under the laws. Citizenship is a matter of loyalty, not just obedience and protection, and no nation can survive long if it dilutes the commitments underlying citizenship.</p>



<p data-beyondwords-marker="c7451fae-cd58-415b-92f7-4769fd5e56e0">Another consideration concerns immigration. The Fourteenth Amendment’s exclusive-allegiance jurisdiction protected Black Americans without intruding into the government’s management of immigration. In contrast, if the Supreme Court establishes US citizenship on the basis of territorial jurisdiction, it will severely burden government and immigrants. Some existing visitors will benefit, but the government will face an irrevocable impediment to its management of immigration, so it will probably institute severe restrictions to prevent abuses.&nbsp;</p>



<p data-beyondwords-marker="42a10dcb-c39b-475f-a2fb-728792de1ef5">If that happens, the responsibility will rest on the Court, not the administration. The Court can’t depart from the Constitution’s text and imagine it won’t be considered the author of the resulting trouble—especially in a field, such as immigration, that the Court ordinarily says must be left to executive discretion.</p>



<p data-beyondwords-marker="63267d6c-5cfa-440f-be0c-7f87d7b357e1"><strong>Justice&nbsp;</strong></p>



<p data-beyondwords-marker="2354661b-1df4-483b-8e08-62e82ee820ed">The government’s opponents claim justice is on their side. Certainly, there’s much justice in statutory assurances of citizenship. Such statutes can be adapted to circumstances so as to protect both foreigners and Americans. But what is the justice, let alone the prudence, of giving an invariable, categorical guarantee of citizenship on the basis of territorial jurisdiction—that is, on the basis of merely having parents who got across the border?&nbsp;</p>



<p data-beyondwords-marker="ddd86adb-b1d9-408c-832a-b677c861b0cc">Temporary foreign visitors have primary allegiances to other societies; foreigners who come here unlawfully begin their stay by disobeying our laws. Such persons and their children are within the nation’s jurisdiction, defined by place and residence, and therefore, both in justice and law, have rights within our legal system. But neither justice nor law requires that they be categorically assured citizenship. As recognized by the Fourteenth Amendment, citizenship should rest on the nation’s core jurisdiction over full members of society, whose allegiance is primarily to our society and our laws, not those of other nations.</p>



<p data-beyondwords-marker="61862163-d226-455c-9a3b-a3a431d179d2"><strong>Burden of Persuasion</strong></p>



<p data-beyondwords-marker="b565fcf2-cda9-4f2e-af9d-b19deae344ae">Last, but not least, it’s important to remember that those arguing against the constitutionality of a government act have the burden of persuasion. That means the government’s opponents have the burden of showing that the Fourteenth Amendment’s jurisdiction is territorial and that it’s unconstitutional to deny citizenship to children born of temporary and unlawful visitors.&nbsp;</p>



<p data-beyondwords-marker="fdb07e0c-7056-48e8-810f-de1b6ba80639"><strong>Conclusion</strong></p>



<p data-beyondwords-marker="019f55e9-1fcb-46ae-b9f9-06a43563561d">One consideration after another cuts against a territorial vision of birthright citizenship.</p>



<p data-beyondwords-marker="fe7fe3ee-7ed3-4424-9ce6-3e6ccc65c1b1"><em>Debates.</em>&nbsp;The debates over citizenship centered on exclusive-allegiance jurisdiction, not territorial jurisdiction.&nbsp;</p>



<p data-beyondwords-marker="a3f1ba1d-9948-4855-8f21-33139d98959c"><em>Text.</em>&nbsp;The Fourteenth Amendment protected US citizenship in terms of jurisdiction, without reference to place or residence. The Constitution’s very text thus indicates that the guarantee of US citizenship referred to the core jurisdiction founded on unqualified allegiance, not mere territorial jurisdiction.</p>



<p data-beyondwords-marker="475c0411-b05e-4504-9458-386bf0a9ec3f"><em>Common Law. </em>England had subjects, not citizens. The territorial English common law rule on who was a subject, and thus subject to English law, concerned who was bound by law, not who was a citizen.</p>



<p data-beyondwords-marker="82c4370d-bfac-4394-97d9-030e123a7a98"><em>Allegiance. </em>The generic allegiance or obedience to the laws, which is, and should be, owed by all persons within territorial jurisdiction, shouldn’t be conflated with the exclusive allegiance or loyalty that was the foundation for citizenship.</p>



<p data-beyondwords-marker="00d9d759-85ab-4f2e-abed-ecf29a9ca2dc"><em>Precedent.</em>&nbsp;The facts in <em>United States v. Wong Kim Ark</em>—an alleged precedent for the territorial perspective—were actually within the exclusive-allegiance vision. And the Court didn’t hear the textual arguments against the territorial point of view. That precedent therefore isn’t dispositive.</p>



<p data-beyondwords-marker="afdf9013-cf03-40c8-88b2-b41455ec604f"><em>Policy.</em>&nbsp;A decision favoring birthright citizenship for the children of temporary and unlawful visitors will dilute the commitment foundational for citizenship and will produce immigration difficulties and severity.&nbsp;</p>



<p data-beyondwords-marker="4754eff8-6b0b-4def-a560-6c8d2ce8d2b8"><em>Justice.</em><strong>&nbsp;</strong>Although foreigners within our borders have rights within our legal system, justice doesn’t require a categorical assurance of citizenship for foreigners who just happen to be born here.</p>



<p data-beyondwords-marker="43365bad-c5d4-4d1b-835e-60554a22c91a"><em>Burden of Persuasion.</em>&nbsp;Those arguing that the government is acting unconstitutionally have the burden of persuasion.</p>



<p data-beyondwords-marker="019f47e7-ba20-4f8f-9f39-25583cd6b11d">Unfortunately, it wasn’t evident from the April 1 hearing that the justices understood all of these considerations. It’s therefore important for them to pause to make sure they grasp what’s at stake. The nation needs justices who understand the law and adhere to it.&nbsp;</p>
<p>The post <a href="https://lawliberty.org/allegiance-birthright-and-citizenship/">Allegiance, Birthright, and Citizenship</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></content>
		
			</entry>
		<entry>
		<author>
			<name>John O. McGinnis</name>
					</author>

		<title type="html"><![CDATA[Government by Settlement]]></title>
		<link href="https://lawliberty.org/government-by-settlement/" rel="alternate" type="text/html"/>

		<id>https://lawliberty.org/?p=75337</id>
		<updated>2026-04-08T18:31:37Z</updated>
		<published>2026-04-09T10:00:00Z</published>
		<category scheme="https://lawliberty.org/" term="Law &amp; Liberty Essays"/><category scheme="https://lawliberty.org/" term="administrative settlement"/><category scheme="https://lawliberty.org/" term="Administrative State"/><category scheme="https://lawliberty.org/" term="Goldman Sachs"/><category scheme="https://lawliberty.org/" term="John McGinnis"/><category scheme="https://lawliberty.org/" term="Judicial branch"/><category scheme="https://lawliberty.org/" term="Lloyd Blankfein"/><category scheme="https://lawliberty.org/" term="SEC"/>
		<summary type="html"><![CDATA[<p>In his piquant memoir, Streetwise, Lloyd Blankfein, former CEO of Goldman Sachs, shares an arresting anecdote about the administrative state. The SEC sued Goldman for allegedly misleading investors about the risks of mortgage-backed securities. Blankfein considered the suit meritless but settled for $550 million. “You can’t litigate against your regulator. It’s like a Star Trek [&#8230;]</p>
<p>The post <a href="https://lawliberty.org/government-by-settlement/">Government by Settlement</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></summary>

					<content type="html" xml:base="https://lawliberty.org/government-by-settlement/"><![CDATA[
<p data-beyondwords-marker="49657c7e-30c1-4293-91dc-0efd7bb387a3">In his piquant memoir, <em><a href="https://www.amazon.com/Streetwise-Getting-Through-Goldman-Sachs/dp/B0FBW93LGS">Streetwise</a></em>, Lloyd Blankfein, former CEO of Goldman Sachs, shares an arresting anecdote about the administrative state. The SEC sued Goldman for allegedly misleading investors about the risks of mortgage-backed securities. Blankfein considered the suit meritless but settled for $550 million. “You can’t litigate against your regulator. It’s like a <em>Star Trek</em> episode: an alien controls the Enterprise’s bridge and threatens to shut off life support unless the ship surrenders.”</p>



<p data-beyondwords-marker="786e0adc-4784-47d9-a36f-1c6ba8551ff3">The dilemma for the regulated firm is that even if it wins the suit, its regulating agency has many other ways to make life unpleasant. It can sue the firm about other matters. It can issue regulations particularly unfavorable to its business. And it can do this without personal cost to the regulators, because the expenses of suits and regulations, successful or not, are borne by taxpayers, ignorant of the merits—indeed even the existence—of their actions. As a result, citizens and corporations, even wealthy ones like Goldman Sachs, may be coerced into settlement.</p>



<p data-beyondwords-marker="8d2c55c7-79b5-4a6f-8fe4-2f9619a1f9e1">This burden of the administrative state is difficult for courts to ameliorate on their own. The Roberts Court has issued rulings that have leveled the playing field between the regulator and the regulated at trial. In <a href="https://www.oyez.org/cases/2023/22-451"><em>Loper Bright</em></a>, for instance, the Court eliminated the interpretive edge accruing to the government by eliminating <em>Chevron</em> deference, under which the government could put any “reasonable” interpretation on a statute, even if it was not the best interpretation. In <a href="https://www.oyez.org/cases/2023/22-859"><em>SEC v. Jarkesy</em></a>, the Court held that regulators could not seek legal remedies for matters that had a common-law analogue before their own administrative judges, but had to prove their case instead to a jury of disinterested citizens. In <a href="https://www.oyez.org/cases/2022/21-86"><em>Axon</em></a>, the Court held that the targets of agency enforcement could bring structural challenges to the nature of the agency (as, for instance, when the agency heads were improperly appointed or insulated from control by the president) upfront rather than be forced to endure the expense of the proceeding before they could be heard on such salient constitutional issues. All of these changes have made the administrative trial process fairer, but they do little to address Blankfein’s concern about whether it is rational to seek a trial given the leviathan that modern administration has become.</p>



<p data-beyondwords-marker="95003b8e-fcdb-45bb-abe1-a0d735b00e20">Regulators have many arrows in their quiver. Even if one is errant, they can easily aim at their target with another. Their current regulations can lead to enforcement actions against a wide range of company actions. They also have the authority to make new rules, and the policy choices they are authorized to make can hurt some companies in an industry more than others. And according to the Administrative Procedure Act, such choices are only lightly policed, struck down only if “arbitrary and capricious. The question for a company is thus never just “can we win this case,” but “how can we get on with the people who control our future?”</p>



<p data-beyondwords-marker="c0d08994-7b92-4bf4-84fe-5e8dcc6bbfb5">Administrative settlements should be seen as a distinct aspect of the administrative state. Such settlements often establish compliance systems, reporting duties, or restrictions that influence industry norms. As a result, policy can be shaped not only through rulemaking or judicial decisions, but also through pressure, negotiation, and agreements.</p>



<p data-beyondwords-marker="4909c886-24b7-4a40-adb8-edbdc2db3a73">One might respond that this is no different from the plea bargaining that happens in criminal law. The argument goes that defendants settling cases this way are just acting rationally in the shadow of the law, giving up the right to go to trial in return for some reduction in sentencing. But whatever the arguments for plea bargaining, settlement in the administrative context is different in certain respects. First, because both the company and the agency are repeat players, destined or doomed to interact over the decades, they are not acting only under the shadow of the law applied to the current dispute, but also under the shadow of the future exercise of agency power. The target of enforcement fears not only today’s complaint, but tomorrow’s exam, approval, license, merger review, or enforcement sweep. Second, a plea bargain is narrowly focused on sentencing. Federal prosecutors are limited to recommending jail, house arrest, or probation. Administrative agencies can impose a broader range of conditions that can affect industry norms. Any sentencing recommendation from the prosecutors is advice to the judge, who retains authority to impose his own sentences within wide limits of discretion. In contrast, judges’ ability to reject administrative settlements is far more circumscribed.</p>



<figure data-beyondwords-marker="b006c582-dfe8-4fde-a90c-08e92a969658" class="wp-block-pullquote"><blockquote><p>A government that can coerce a settlement from a firm the size of Goldman Sachs can do still more to smaller firms and ordinary citizens.</p></blockquote></figure>



<p data-beyondwords-marker="11bb74df-565f-4bd5-852e-686787527529">Administrative government by settlement has not gotten as much attention as it deserves. We do have two fine conceptual articles. Lars Noah wrote on “<a href="https://repository.law.wisc.edu/s/uwlaw/item/27727">administrative arm-twisting</a>,” arguing that agencies can use their leverage over the regulated to get more favorable settlements than they could otherwise have and sometimes with terms that the law would not otherwise allow. Matthew Turk has shown how “<a href="https://kuscholarworks.ku.edu/server/api/core/bitstreams/39a88437-86ee-4f6c-932a-17e46b1161d8/content">regulation by settlement</a>” creates a distinct form of agency regulation that lacks the judicial oversight and other safeguards that accompany adjudication and rulemaking. But I know of no work that has comprehensively catalogued the settlements of major agencies and how they shape the law.</p>



<p data-beyondwords-marker="b332a5d6-ed1b-49d3-ab13-3df63fcd6fb5">This aspect of the administrative state provides a counterpoint to the notion that the Roberts Court is undertaking a fundamental counterreformation of administrative law. <em>Axon</em>, <em>Jarkesy</em>, and <em>Loper Bright</em> equalize the playing field at the backend when a case gets to trial. But administrative settlements show that asymmetric power comes at the front end, due to the agencies’ pervasive influence over regulated enterprises. In short, strengthening judicial administrative review may make less of a difference if the agency has other means to make access to that review unbearably costly.</p>



<p data-beyondwords-marker="e83397a2-394b-4ea1-b995-c9178e4df946">The point here is not to vindicate Goldman or Blankfein in this particular matter or do special pleading on behalf of Wall Street. It is instead worrying as a friend of liberty that the administrative state, by its nature, can act on the basis of power rather than by rule. Montesquieu—and his students among the American Founders—long ago sought to protect liberty through the separation of powers. But regulation by settlement affronts the separation of powers in two respects. First, insofar as agencies have used other powers, such as rulemaking, to gain advantages in enforcement, they enhance the executive power of prosecution by combining it with traditionally legislative powers. Second, insofar as civil settlements escape substantial judicial review, the executive power faces little check from the traditional power of the third branch. Firms less powerful than Goldman will face even greater coercion from this relaxation of the separation of powers.</p>



<p data-beyondwords-marker="02db9615-f1c1-4232-a7bd-eadcd1dfebad">There are ways to ameliorate the problem. The first, recommended by Turk, is to substantially strengthen judicial oversight of settlements. As with class action settlements, they should receive public hearings. If any agency seeks to regulate through settlements, settlements should become more transparent. And Turk suggests that agencies should be required to consider the collective effect of their settlements. An agency is charged with regulating an industry, and even in individual settlements, industry-wide focus must be maintained.</p>



<p data-beyondwords-marker="de6444d5-fbfd-4302-92a2-ef67b534c2d0">While those suggestions are welcome, they are more focused on ensuring the deliberative rationality of settlements than on protecting against the coercion about which Blankfein complains. Noah urges Congress to constrain agencies’ ability to use powers beyond the specific enforcement action to twist the arms of the regulated and wants to ensure that settlements cannot pursue ends that the agency could not otherwise obtain.</p>



<p data-beyondwords-marker="9a64bac6-b34b-4d21-87bf-6b3b3f150587">In my view, this is an area also ripe for executive action. President Trump has improved the fairness of administrative actions in a variety of ways. For instance, in <a href="https://www.federalregister.gov/documents/2019/10/15/2019-22623/promoting-the-rule-of-law-through-improved-agency-guidance-documents">one executive order</a>, he required that agencies keep all their guidance documents in a single searchable database so citizens can better predict how agencies will act. <a href="https://www.federalregister.gov/documents/2019/10/15/2019-22624/promoting-the-rule-of-law-through-transparency-and-fairness-in-civil-administrative-enforcement-and">In another order</a>, he required agencies to inform the regulated community in advance of new theories of jurisdiction or liability to avoid unfair surprise. President Trump could now issue an executive order directing agencies not to retaliate against any target of an enforcement action for going to court to resist, and requiring that the agency have legal authority for any conditions imposed in any settlement. The president can tie the hands of his subordinates in the interest of justice for American citizens.</p>



<p data-beyondwords-marker="2044cb26-a9d1-4082-b64d-0e1fcbb9fb85">When the retired CEO of one of our premier financial firms says that even his company could not bring the government to court on what it believed to be a meritless claim, we should worry that the administrative state can threaten the liberties of all. A government that can coerce a settlement from a firm the size of Goldman Sachs can do still more to smaller firms and ordinary citizens.</p>



<p data-beyondwords-marker="552c65e3-4d6d-4f20-b2c4-608fff08f35d">This is also a realist lesson about the limits of the Court’s power. The administrative state is not truly constrained merely because the Supreme Court announces elegant doctrines about statutory interpretation and the right to a jury trial. It will be constrained only when ordinary parties can refuse agency demands without fear that the agency will make them pay a price in the future. For that, we need congressional or, at the very least, presidential action. And we will get it only if the people demand that the government proceed by rule rather than by pressure.</p>
<p>The post <a href="https://lawliberty.org/government-by-settlement/">Government by Settlement</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></content>
		
			</entry>
		<entry>
		<author>
			<name>Caleb Whitmer</name>
					</author>

		<title type="html"><![CDATA[After the Flood in Minnesota]]></title>
		<link href="https://lawliberty.org/after-the-flood-in-minnesota/" rel="alternate" type="text/html"/>

		<id>https://lawliberty.org/?p=75177</id>
		<updated>2026-04-03T11:52:20Z</updated>
		<published>2026-04-06T10:01:00Z</published>
		<category scheme="https://lawliberty.org/" term="Law &amp; Liberty Essays"/><category scheme="https://lawliberty.org/" term="Caleb Whitmer"/><category scheme="https://lawliberty.org/" term="fraud"/><category scheme="https://lawliberty.org/" term="Minnesota"/><category scheme="https://lawliberty.org/" term="welfare"/><category scheme="https://lawliberty.org/" term="welfare fraud"/>
		<summary type="html"><![CDATA[<p>Journalist Jane Jacobs coined the term “cataclysmic money” to describe a sudden, large investment into a neighborhood. It is in the precise sense of “deluge” or “flood” that she means the word, inviting us to imagine spigots of public or private money looming ominously over urban America, poised to rain torrents of dollars on the [&#8230;]</p>
<p>The post <a href="https://lawliberty.org/after-the-flood-in-minnesota/">After the Flood in Minnesota</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></summary>

					<content type="html" xml:base="https://lawliberty.org/after-the-flood-in-minnesota/"><![CDATA[
<p data-beyondwords-marker="a49fbea7-0992-4183-a722-023dd6210ee5">Journalist Jane Jacobs coined the term “cataclysmic money” to describe a sudden, large investment into a neighborhood. It is in the precise sense of “deluge” or “flood” that she means the word, inviting us to imagine spigots of public or private money looming ominously over urban America, poised to rain torrents of dollars on the just and unjust alike. “This money shapes cataclysmic changes in cities,” Jacobs writes in <a href="https://www.amazon.com/Death-Life-Great-American-Cities/dp/067974195X/"><em>The Death and Life of Great American Cities</em></a>. It behaves like “manifestations of malevolent climates beyond the control of man—affording either searing droughts or torrential, eroding floods.”</p>



<p data-beyondwords-marker="a0510259-b4a7-4c06-9e7c-07611998d4c3">Jacobs’s book is about how communities work, what policy makers do to foster their life, and what they do to kill it. She was writing about urban redevelopment in the 1960s, but her discussion of the possibilities and perils of investment is just as apt for today, and in describing other kinds of social spending. The welfare fraud scandal in Minnesota, for instance, is a post-diluvian event.</p>



<p data-beyondwords-marker="584232ef-e9b8-42db-a7a0-e62ee2bbbc4f">The general picture that has emerged is that federal and state welfare programs are doing a great deal of harm to the Somali-American immigrant community—and that ethnic Somalis in Minnesota are using those programs to do a great deal of harm to themselves. The very institutions and forces that should be driving the success of this community—strong family ties, thick civil society, and a certain kind of entrepreneurial energy—have instead been turned to crime, underwritten by poorly managed federal dollars. “Money is a powerful force for both city decline and regeneration,” Jacobs writes. “But it must be understood that it is not the mere availability of money, but how it is available, and for what, that is all important.”&nbsp;</p>



<p data-beyondwords-marker="6ab3597a-17af-4927-b6a3-c52293fe47ff">It is a cliché of Covid-era commentary that the pandemic exacerbated previously existing social pathologies rather than creating new ones. This truism applies to welfare fraud as much as it does to “the loneliness epidemic” or the struggles of public education. <a href="https://www.nytimes.com/2025/12/18/us/minnesota-fraud-scandal.html">According to federal prosecutors</a>, the roots of the fraud scandal stretch back to at least 2018. But the annual amounts of money stolen only become really eye popping only once the pandemic starts.</p>



<p data-beyondwords-marker="ed40722e-f604-4cc8-a9b1-0f293370af8f">In the last decade, something like <a href="https://www.nytimes.com/2025/12/18/us/minnesota-fraud-scandal.html">$9 billion has been stolen</a> from Medicaid-funded programs in Minnesota. These include <a href="https://www.mprnews.org/story/2025/09/18/feds-charge-8-tied-to-massive-minnesota-housing-fraud">a housing program</a> intended to serve drug addicts, the elderly, and the mentally ill; a meals program for low-income kids (<a href="https://www.justice.gov/opa/pr/five-more-plead-guilty-minnesota-feeding-our-future-fraud-scheme">the “Feeding Our Future” scheme</a>); and <a href="https://www.cbsnews.com/minnesota/news/minnesota-autism-center-guilty-plea/">after-school programs for kids with autism</a>. Nearly everyone indicted in connection with the scandal <a href="https://apnews.com/article/minnesota-fraud-feeding-our-future-medicaid-9911799c0d0149a64a042abed095be57">is an ethnic Somali and a naturalized American citizen.</a></p>



<p data-beyondwords-marker="f4d15e1b-cd2b-4d1c-8f2c-b3efe68f3fd9">There are many dimensions to this story, none of them edifying. It suggests something is deeply rotten in the political culture of the Land of 10,000 Lakes—or <a href="https://www.wsj.com/opinion/how-minnesota-became-the-land-of-10-000-frauds-6602e137?gaa_at=eafs&amp;gaa_n=AWEtsqdZOwlM6P3Dq4_Qts8KCG7EeRdsjjKxZdxU9v-MA8DzCJHF1c4iLgEVPLu67AE%3D&amp;gaa_ts=69c69be0&amp;gaa_sig=-BAcoODrzb4jjDVYcLMaJg9hbHN8AzDWXEiP75QQt_Ez4NXL3GW4PuBuW4KWC1ZaMh3Rg5q3rwEp6bWRYQ_O5g%3D%3D">the Land of 10,000 Frauds</a> as a memorable Wall Street Journal headline dubbed it. Was the <a href="https://www.axios.com/local/twin-cities/2025/12/19/feds-fraud-total-could-top-9-billion">&#8220;staggering industrial-scale fraud”</a> enabled by the sheer incompetence of Minnesota’s civil servants—or a product of the cynicism of the Twin Cities’ political machine? These are serious questions that dozens of criminal trials, public hearings, and hard-nosed reporting will hopefully answer.</p>



<p data-beyondwords-marker="48415abd-0999-4340-a49f-3f760c8f7b8a">But as the melodrama in Minnesota continues to play out, I think we can hazard some observations, based on what we currently know, about money, the impoverished immigrant community at the center of this scandal, and our broken welfare system.</p>



<p data-beyondwords-marker="382de9ab-66df-48b2-b5dc-737cf13eebf7">In <em>The Death and Life of Great American Cities, </em>Jacobs was writing about the “urban renewal” era of the 1940s to 1970s, when the standard model for urban improvement involved demolishing historical buildings and neighborhoods, underwritten by federal money, for the purpose of rebuilding something modern and planned. What today we call “redlining” prevented poor neighborhoods of all ethnicities from securing modest amounts of capital, what Jacobs called “gradual money,” to achieve steady improvement.</p>



<figure data-beyondwords-marker="f9b414e9-c6a9-49fd-b695-46d98453174f" class="wp-block-pullquote"><blockquote><p>A steady stream of poorly managed government aid—and the deluge of pandemic relief—seems to have suppressed the conditions for success among Somali Americans in Minnesota.</p></blockquote></figure>



<p data-beyondwords-marker="23b8e8fe-69e0-48bd-96c7-4bf46a86250d">When investment finally did come, it typically meant the clearing away of the institutions and businesses native to the neighborhood and the displacement of its inhabitants. “Aid” and “renewal” became synonymous with destruction. A similar dynamic plays out today with other kinds of social spending. Money can wash over communities like a great flood, warping or obliterating what was solid and reliable, repressing and smothering good things that could be. Torrents of investment, if not properly channeled, can effect unpredictable changes. These changes might be as obvious as a neighborhood’s physical destruction. Or they might be more subtle, like the supplanting of local dollars for federal dollars in local charity. In either case, financial capital crowds out or infects social capital, and the ties that bind a community sicken. The bureaucratization of community life is just one disease of the welfare state.</p>



<p data-beyondwords-marker="6a103b2b-5103-4e69-9781-098c3b6c7f1d">On the post-liberal right, it has been trendy in recent years to observe that <a href="https://www.amazon.com/Common-Good-Constitutionalism-Adrian-Vermeule/dp/1509548874">the law is a teacher.</a> Money is a teacher, too. How the money shows up, as Jacobs observes, matters a great deal, especially in poor communities and perhaps even more especially in communities of people who are learning how to be Americans.</p>



<p data-beyondwords-marker="82212d15-0acb-4717-bd37-b726f4af1678"><a href="https://www.justice.gov/opa/pr/five-more-plead-guilty-minnesota-feeding-our-future-fraud-scheme">Reading about the indictments,</a> one gets a sense of the closeness of relationships among Somali Americans in Minnesota. Many of these fraud schemes seemed to be family affairs. But whereas those relationships might have been springboards to productivity and success—as has so often been the case among close-knit immigrant communities in this country—instead they facilitated fraud. At a time when local community is reportedly collapsing in the United States, when loneliness has been declared <a href="https://www.hhs.gov/sites/default/files/surgeon-general-social-connection-advisory.pdf">“an epidemic,”</a> it is extraordinary—almost darkly comical—that a social group apparently immune to one of <a href="https://www.theatlantic.com/magazine/archive/2025/02/american-loneliness-personality-politics/681091/">the most</a> <a href="https://lawliberty.org/understanding-trump-country-carney-alienated-america-review/">discussed</a> <a href="https://weavers.org/">social pathologies</a> <a href="https://jacobin.com/2022/12/from-bowling-alone-to-posting-alone">of American life</a> <a href="https://www.wsj.com/opinion/free-expression/loneliness-is-for-cowards-2c85af34?mod=Threads">in the 2020s</a> has exploited that immunity for crime. The pervasiveness of fraud in the Somali-American community is mind-boggling, exactly because many of the fraud schemes were perpetuated <em>as a community</em>.</p>



<p data-beyondwords-marker="9387066f-7b8e-456c-a55b-7355faa5ba3b">The tension between the good and bad of intense <a href="https://www.socialcapitalresearch.com/what-is-bonding-social-capital/">“bonding” social capital</a> in an immigrant community is not so unique in America’s history. One thinks, for instance, of the experience of Italian Americans and <a href="https://firstthings.com/back-room-to-boardroom/">the reputation for criminality</a> they had to overcome. In shedding their “mafiosa” image, assimilating as good Americans, and climbing the socio-economic ladder, however, one thing Italians did not have to contend with is today’s enormous welfare state, with all its perverse incentives, enervating temptations, and anti-social pedagogy.</p>



<p data-beyondwords-marker="c21d151f-25d0-4cb8-80f9-fa21765c5554">Another quality of the Somali Americans that shines through the Justice Department’s press releases is <a href="https://www.justice.gov/opa/pr/fraud-tourists-plead-guilty-minneapolis-medicaid-fraud">a kind of entrepreneurial energy</a>. As the enormity of the fraud schemes suggests, many of them were organized and, we could say, ambitious. While many Americans during “Covid-tide” were <a href="https://luskin.ucla.edu/not-going-out-is-the-new-normal-post-covid-study-finds">clearing their social calendars</a>, <a href="https://www.forbes.com/sites/falonfatemi/2021/02/01/how-the-pandemic-has-changed-video-content-and-consumption/">watching Netflix</a>, and <a href="https://pmc.ncbi.nlm.nih.gov/articles/PMC9063034/">drinking too much</a>, Somali Americans in Minnesota were getting after it—though unfortunately, the “it” for many was participating in “staggering industrial-scale fraud.”</p>



<p data-beyondwords-marker="7cfd1e59-8037-4d73-8129-281fb5bf26b9">My point in highlighting the family ties and “go-getterness” of the perpetrators is not to romanticize their criminality. That injustice typically possesses so many noble qualities—a certain amount of rationality, a certain amount of attractiveness, a certain amount of skill—makes it all the more horrible. Strong family ties, thick civil society, and entrepreneurial energy—all qualities that Somali Americans in Minnesota apparently possess—should have been a recipe for social mobility and community success. Instead, they were the elements that made these extraordinary crimes possible.</p>



<p data-beyondwords-marker="e86b314b-f046-4297-b729-af2f070f9ff8">As the old saying goes, however, “fool me once, shame on you; fool me 9 billion times, shame on me.” While taking nothing from the culpability of the fraudsters, a great deal of the blame has to lie with our poorly designed and poorly managed welfare state. “Cataclysmic money” is just as devastating when it is <em>dumb</em> cataclysmic money.</p>



<p data-beyondwords-marker="25e70b31-2af2-413a-862c-e8af828e1fcb">Especially in the case of the autism services scam, which involved kickbacks of Medicaid funds to families who were willing to acquire bogus autism diagnoses for their children, the organizers of these schemes rightly identified that our government attaches economic value to deficiency. The Somali-Americans of Minnesota were commodified by these programs—and often they commodified themselves by participating. That our social assistance programs enabled and incentivized this degrading behavior by an immigrant community is as much an indictment of the social assistance programs as it is of the immigrant community.</p>



<p data-beyondwords-marker="e5c94b0c-0b38-4578-bfba-578448b544af">The pedagogical message of the system exploited by ethnic Somalis—and which is being exploited to one degree or another <a href="https://www.city-journal.org/article/somali-fraud-minnesota-government-health-programs-medicare-medicaid">by many other groups, institutions, and governments across the country</a>—is quite clear: Commodify your deficiency, exploit your diagnosis, leverage your identity. This is no way to build a flourishing life or community. Americans, who are overwhelmingly welcoming and generous to legal immigrants, are rightly indignant at newcomers exploiting the social safety net. But anger about this situation, if it is to be constructive, should be directed on the whole at the bad system we are welcoming these new Americans into, and through which they are learning how to be Americans.</p>



<p data-beyondwords-marker="ddfe22b4-d40e-46e7-abb3-a84566d9b87b">“Money has its limitations,” Jacobs writes. “Money can only do ultimate harm where it destroys the conditions needed for inherent success.” A steady stream of poorly managed government aid—and the deluge of pandemic relief—seems to have suppressed those conditions among Somali Americans in Minnesota. Whatever reforms come out of this ugly scandal, may they be attentive to the dangers of cataclysmic money.</p>
<p>The post <a href="https://lawliberty.org/after-the-flood-in-minnesota/">After the Flood in Minnesota</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
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			</entry>
		<entry>
		<author>
			<name>Aidan Harte</name>
					</author>

		<title type="html"><![CDATA[William Blake&#8217;s Daddy Issues]]></title>
		<link href="https://lawliberty.org/william-blakes-daddy-issues/" rel="alternate" type="text/html"/>

		<id>https://lawliberty.org/?p=75060</id>
		<updated>2026-03-30T14:20:17Z</updated>
		<published>2026-04-03T10:01:00Z</published>
		<category scheme="https://lawliberty.org/" term="Law &amp; Liberty Essays"/><category scheme="https://lawliberty.org/" term="Aidan Harte"/><category scheme="https://lawliberty.org/" term="Apollo Belvedere"/><category scheme="https://lawliberty.org/" term="art"/><category scheme="https://lawliberty.org/" term="Joshua Reynolds"/><category scheme="https://lawliberty.org/" term="Michaelangelo"/><category scheme="https://lawliberty.org/" term="painting"/><category scheme="https://lawliberty.org/" term="Romanticism"/><category scheme="https://lawliberty.org/" term="William Blake"/>
		<summary type="html"><![CDATA[<p>The social circle of the painter Joshua Reynolds was remarkable even by the clubbable standards of Georgian London. Goldsmith, Fox, and Garrick were chums. Boswell dedicated a book to Reynolds. Edmund Burke executed his will. Having revolutionised British art education by founding the Royal Academy of Arts, he died in 1792, knighted and rich as [&#8230;]</p>
<p>The post <a href="https://lawliberty.org/william-blakes-daddy-issues/">William Blake&#8217;s Daddy Issues</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></summary>

					<content type="html" xml:base="https://lawliberty.org/william-blakes-daddy-issues/"><![CDATA[
<p data-beyondwords-marker="9cf2ced2-0a68-403a-ad3e-1754ab0929a1">The social circle of the painter Joshua Reynolds was remarkable even by the clubbable standards of Georgian London. Goldsmith, Fox, and Garrick were chums. Boswell dedicated a book to Reynolds. Edmund Burke executed his will. Having revolutionised British art education by founding the Royal Academy of Arts, he died in 1792, knighted and rich as a hog. He lives on in endless portraits of Georgian grandees and a series of lectures which have plagued art students ever since. They reveal a man of strong opinions, certain of his standing and of what constitutes artistic excellence. That question vexes us, but Sir Joshua was a son of the Enlightenment, empirical to his core. “What has pleased and continues to please,” he declares, “is likely to please again; hence are derived the rules of art, and on this immovable foundation they must ever stand.”</p>



<p data-beyondwords-marker="340c5f48-0cc4-4fff-a5b1-0c10d87c29d9">Pleasingly enough, the great teacher’s most famous student was one he barely noticed, William Blake. Obscure in life, dying in poverty, Blake has had the most glorious artistic afterlife imaginable. His apotheosis is an inspiration to mad bastards everywhere. In April, the National Gallery of Ireland brings us an exhibition to confirm what an odd duck he was, <em><a href="https://www.nationalgallery.ie/art-and-artists/exhibitions/upcoming-exhibitions/william-blake-age-romantic-fantasy">William Blake: The Age of Romantic Fantasy</a></em>.&nbsp;</p>



<p data-beyondwords-marker="9080b0cc-1122-49ac-8d6e-80322719e615">In Cambridge last year, a trigger warning for another Blake exhibition promised, “depictions of suffering, sexual violence and enslavement.” <em>The Guardian</em>’s review lamented that Blake, “is clearly a racist by modern standards.” As you can imagine, tickets sold out quickly. In an increasingly domesticated world, the appeal of this artistic wild man is obvious.&nbsp;</p>



<p data-beyondwords-marker="688c806e-084c-418c-9e5e-27925971c1d0"><em>The Age of Romantic Fantasy</em> is a compilation of the Tate’s Blake collection that has been touring Europe for a few years. It comes now from Turin to Dublin. To see some of the cranky cockney’s best-known works hanging alongside paintings of contemporaries will be a reminder that artistic reputations are fleeting.&nbsp;</p>



<p data-beyondwords-marker="161eb325-7bfb-4309-a6a9-cc8c2ac3aa3d">In the late eighteenth century, when young Blake was practicing drawing in the Royal Academy, the world’s finest sculpture was <em>known</em> to be the <a href="https://www.museivaticani.va/content/museivaticani/en/collezioni/musei/museo-pio-clementino/Cortile-Ottagono/apollo-del-belvedere.html">Apollo Belvedere</a>. It was the standard by which contemporary sculptors like Canova and Flaxman were judged. A cast of it was amongst the plasters Royal Academy students were obliged to study. Copying such masterpieces was the way for neophytes to hone their craft and, just as vital, to imbibe good taste. Today, the Apollo’s star has dimmed. It gets hardly a glance from the crowds that pour through the Vatican Museum each morning to gawp at the Sistine Chapel. The serenity and order that appealed to the Neoclassicists leave us cold. The Grand Style championed by Joshua Reynolds is considered pompous. The art we prefer is disorderly, expressive, and rarely in good taste. That revolution is one reason why William Blake, a radical possessed by apocalyptic visions and wild fancies, has so eclipsed his peers.</p>



<p data-beyondwords-marker="bd27c45b-843f-4fea-b6b8-d2c02909de1c">It is not obvious why. Many of the artists that curator Anne Hodge has chosen to hang with Blake are better draftsmen. The figures painted by Irishman James Barry are more naturalistic.&nbsp;John Hamilton Mortimer&nbsp;and J. M. W. Turner are better painters. The “Romantic Fantasy” promised in the exhibition’s subtitle is abundantly found in Henry Fuseli. And Blake’s fellow Londoner Rowlandson was a more prolific and popular print maker—in life at least.</p>



<p data-beyondwords-marker="c868e82c-49f4-43a7-b22a-16cc1292592c">So what accounts for Blake’s august standing today? His figures are often clumsy and crude. His colours can be distracting and downright ugly. His poetry, regularly obscure to the point of unintelligibility, has similar defects. At its worst, it has a sing-song quality of doggerel coupled with an annoying earnestness. Scanning a line as inane as “The Caterpillar on the Leaf / Repeats to thee thy Mother’s grief” brings one up short. The pathetic tiger with which Blake illustrated his most famous verse inspires similar dismay. As <a href="https://www.chesterton.org/lecture-18/">G. K. Chesterton</a> said, “Blake could do so many things. Why is it that he could do none of them quite right?”</p>



<p data-beyondwords-marker="9aeb72b5-a132-47bd-9745-77790974c556">For all that, Blake’s reputation is deserved. He is much more than the sum of his parts. He is not the only great artist to write or great writer to draw—Cellini, Van Gogh, Victor Hugo, and Sylvia Plath could do both well—but none of them expresses the same unique personality so powerfully in both mediums. Blake’s deceptively simple poetry has an aphoristic quality that is mirrored in his boldly graphic prints. Their blazing originality refutes Joshua Reynolds’ dictum that, “What has pleased and continues to please is likely to please again.” Blake pleases in a way no one has ever quite done before or since.&nbsp;</p>



<p data-beyondwords-marker="81e8dba4-30f5-4773-a879-85954b466106">There is no better example of that originality in this exhibition<em> </em>than <em><a href="https://www.artbible.info/art/large/624.html">Cain Fleeing from the Wrath of God</a></em>. Cain has been discovered in the act of burying his slain brother. He is a heroic nude, in the style of Blake’s hero Michelangelo. There is no attempt at realism in the setting. The background is reduced to shapes and colour like a minimalist theatre set. And that theatricality extends to the hammy gestures of the characters. With medieval fervour, Eve swoons over her dead son. Adam glares at the fleeing fugitive. The murderer’s face is a mask of tragedy. He tears his hair in grief. Above his head hover flames. We are witnessing not just the aftermath of a sordid crime but a moment of cosmic significance. </p>



<figure data-beyondwords-marker="a35ccd9e-e8f7-4758-8301-a58e3cb9dfd7" class="wp-block-pullquote"><blockquote><p>Blake is, quite obviously, the most Christian poet since Milton, the most Christian artist since Michelangelo. Truly madly deeply, Blake believes.</p></blockquote></figure>



<p data-beyondwords-marker="f46e981f-2f74-4ecf-977c-eec3209fac92">Even as Blake apes Michelangelo, the contrast with his artistic idol was never starker. The Italian was an effortless draftsman; Blake’s every stroke is agonised. Yet much as the Sistine Chapel astounds, it does not move us as Blake’s painfully wrought visions do. To call Blake an idiot savant would be unfair, but he certainly struck many sophisticated contemporaries as naïve. They saw well-worn biblical tales as opportunities to show off their skills; Blake treats them as sacraments. And it works. The laconic drama of the Pentateuch springs to life with raw emotion. We feel the full horror of fratricide, the crime that makes the Earth bleed, and condemn Cain anew.</p>



<p data-beyondwords-marker="e8bbe6f4-7e80-4adc-88fa-5c31857e8ebe">This timeless quality eventually raised Blake far above his contemporaries, earning him a legion of champions from Coleridge to T. E. Lawrence. Most admirers attempt to remake Blake in their own image. Pre-Raphaelites seeking to imbue their painting with a medieval purity saw Blake as an exemplar. William Butler Yeats convinced himself that Blake was Irish nobility. That theory is not taken seriously, but Yeats’ notion of Blake the Occultist still has currency in pop culture. To 1950s Beatniks, Blake became an apostle of free love. The author Philip Hoare has recently argued that James Joyce “deploys Blake’s queerness like a grenade in <em>Ulysses</em> and <em>Finnegans Wake</em>.” The National Gallery has even invited Hoare to Dublin to apply this fashionable frame to their exhibition. Modern curators are oddly keen to repackage Blake (happily married to Catherine Boucher for 45 years) as a genderfluid, “poet of the queer brotherhood.”&nbsp;</p>



<p data-beyondwords-marker="bcf22ecb-9c23-42b8-b9a9-a45297459be4">The elephant nobody cares to mention is Blake’s Christianity. He is, quite obviously, the most Christian poet since Milton, the most Christian artist since Michelangelo. Truly madly deeply, Blake believes. It’s safe to say that a man who regularly conversed with ghosts would have been a mystic no matter what station of life he was born into. Still, it is no surprise that religious attitudes in this era were affected by class. Blake’s family was not only lower middle class; they were also devotees of the theologian Swedenborg. On that base of eccentric mysticism, Blake built his highly individual faith. To be sure, his Christianity is uniquely nonconformist and rooted in the Old Testament. A true dissenter, <a href="https://www.poetryfoundation.org/poems/45950/the-garden-of-love">he disdained the Church of England</a>, “And Priests in black gowns, were walking their rounds, / And binding with briars, my joys &amp; desires.” Indeed, anyone with the power to say “Thou shalt not” earns Blake’s suspicion. Even God. Blake’s work is full of bearded patriarchs who look like they have been sleeping rough—Nebuchadnezzar, Ezekiel, and the Ancient of Days all need a cup of coffee and a shower. Blake had daddy issues. His beef with authority extended to King George III. He celebrated America throwing off her “heavy iron chains,” he wore a <em>bonnet rouge </em>when<em> </em>the French Revolution began, and<em> </em>was even tried for sedition in 1803. </p>



<p data-beyondwords-marker="383331eb-8b48-4cc4-a9b9-36f8bcb1084c">But the biggest chip on William Blake’s shoulder was “<em>the Oppression of Sr Joshua &amp; his Gang of Cunning Hired Knaves.</em>” I recall a collection of Reynolds’ Royal Academy lectures being pressed into my hands as a student in Florence. I thumbed through the pages, searching for the secret sauce, the wisdom from on high to fast-track me to artistic virtuosity. Reynolds’ advice, though sound, was underwhelming: practice. I paraphrase, of course. Georgian gents take their time saying everything. “If you have great talents,” he counsels, “industry will improve them. … Excellence is never granted to man, but as the reward of labour.” As an example of that excellence, he cites the “grace of the Apollo [Belvedere]” and defends its proportions.</p>



<p data-beyondwords-marker="a64bf194-6180-4d7b-9e75-40602c494125">These judgments and strictures did not ring as tyrannical to my young ears as they did to William Blake’s. In the book’s appendix, I smiled to read Blake’s opinion on the lectures: “<em>The following Discourse is particularly Interesting to Blockheads.” </em>The erratic capitalisation, vocabulary, and spelling date these marginalia, but anyone who has had an overbearing teacher, boss, or spouse will instantly recognise the relish Blake takes in privately rebutting Reynolds’ platitudes. <em>“I do not believe this Anecdote …</em> <em>O Shame False …</em> <em>This Whole Book was Written to Serve Political Purposes …</em> <em>Is not this a Manifest Lie …</em> <em>The Following sentence is Supremely Insolent …</em> <em>This is all False &amp; Self-Contradictory …</em> <em>Contemptible Mocks …</em> <em>Damn The Fool &#8230; Never! &#8230; This must be how Liars Reason …</em> <em>Infernal Falshood … There is no End to the Follies of this Man …</em> <em>The Mind that could have produced this Sentence must have been Pitiful … Abundance of Stupidity … Here is Nonsense!”</em></p>



<p data-beyondwords-marker="2fe6bf34-0a11-4695-b8c7-551a44fa90d7">Yes, Blake was the antithesis of Reynolds, lacking the tact and manners of a courtier, but this unrestrained spleen does not accord with Blake’s popular reputation for saintly unworldliness. It gives us instead a vivid sense of why this humourless, blunt man could not long keep a patron. Admirers and romantics will argue that no one could create as Blake did without feeling so strongly, but this is more than artistic disagreement. Envy is at play. It irks Blake that Sir Joshua died “rolling in Riches” while he, the pure artist true to his genius, goes unrecognised and unrewarded.</p>



<p data-beyondwords-marker="ce63fd0a-e556-47f2-b57b-ffc646c50898">But even in his private bile, Blake is honest. When Reynolds says something wise, he grudgingly acknowledges it. “<em>A Noble Sentence. … Well said. … These remarks on Poussin are Excellent.” </em>And, in the middle of this strange one-sided argument, there is a throwaway remark that illuminated Blake’s unique interior life. <em>“The Man who never in his Mind &amp; Thoughts traveld to Heaven Is No Artist.”</em> This exhibition is an opportunity to see the treasures this irascible English genius brought back from that celestial journey.</p>
<p>The post <a href="https://lawliberty.org/william-blakes-daddy-issues/">William Blake&#8217;s Daddy Issues</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
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			</entry>
		<entry>
		<author>
			<name>Law &amp; Liberty Editors</name>
					</author>

		<title type="html"><![CDATA[Mansfield Among the Moderns]]></title>
		<link href="https://lawliberty.org/mansfield-among-the-moderns/" rel="alternate" type="text/html"/>

		<id>https://lawliberty.org/?p=75028</id>
		<updated>2026-03-31T18:11:46Z</updated>
		<published>2026-04-02T10:03:00Z</published>
		<category scheme="https://lawliberty.org/" term="Law &amp; Liberty Essays"/><category scheme="https://lawliberty.org/" term="Harvey Mansfield"/><category scheme="https://lawliberty.org/" term="Hobbes"/><category scheme="https://lawliberty.org/" term="Locke"/><category scheme="https://lawliberty.org/" term="Machiavelli"/><category scheme="https://lawliberty.org/" term="modern political theory"/><category scheme="https://lawliberty.org/" term="Political Theory"/><category scheme="https://lawliberty.org/" term="The Rise and Fall of Rational Control"/>
		<summary type="html"><![CDATA[<p>Harvey C. Mansfield Jr. is among America&#8217;s foremost political scientists. He has translated the works of key thinkers from Niccolo Machiavelli to Alexis de Tocqueville, and written profoundly on them and others, such as Edmund Burke. Mansfield&#8217;s latest book, The Rise and Fall of Rational Control, outlines the history of modern thought from the Florentine [&#8230;]</p>
<p>The post <a href="https://lawliberty.org/mansfield-among-the-moderns/">Mansfield Among the Moderns</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
]]></summary>

					<content type="html" xml:base="https://lawliberty.org/mansfield-among-the-moderns/"><![CDATA[
<p data-beyondwords-marker="fb81be07-9b16-4156-9ae3-04fa1b4052b3">Harvey C. Mansfield Jr. is among America&#8217;s foremost political scientists. He has translated the works of key thinkers from Niccolo Machiavelli to Alexis de Tocqueville, and written profoundly on them and others, such as Edmund Burke. Mansfield&#8217;s latest book, <em><a href="https://www.amazon.com/Rise-Fall-Rational-Control-Philosophy/dp/0674298853">The Rise and Fall of Rational Control</a></em>, outlines the history of modern thought from the Florentine through Friedrich Nietzsche and stands as a testament to a career of reading these thinkers with great understanding. In this symposium, <em>Law &amp; Liberty</em> contributors reflect on both the book and its author to understand what exactly makes us modern.</p>



<p data-beyondwords-marker="56862cfc-978f-49a4-9cb7-245a916812e4"></p>
<p>The post <a href="https://lawliberty.org/mansfield-among-the-moderns/">Mansfield Among the Moderns</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
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			</entry>
		<entry>
		<author>
			<name>Rachel Lu</name>
					</author>

		<title type="html"><![CDATA[Chesterton&#8217;s Radical Sanity]]></title>
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		<id>https://lawliberty.org/?p=75205</id>
		<updated>2026-03-31T18:38:08Z</updated>
		<published>2026-04-01T10:00:00Z</published>
		<category scheme="https://lawliberty.org/" term="Law &amp; Liberty Essays"/><category scheme="https://lawliberty.org/" term="Christianity"/><category scheme="https://lawliberty.org/" term="Decadent Movement"/><category scheme="https://lawliberty.org/" term="G.K. Chesterton"/><category scheme="https://lawliberty.org/" term="Modernity"/><category scheme="https://lawliberty.org/" term="Orthodoxy"/><category scheme="https://lawliberty.org/" term="Oscar Wilde"/><category scheme="https://lawliberty.org/" term="Rachel Lu"/><category scheme="https://lawliberty.org/" term="Radical Middle"/>
		<summary type="html"><![CDATA[<p>“The only possible excuse for this book,” wrote G. K. Chesterton at the outset of his 1908 book Orthodoxy, “is that it is an answer to a challenge. Even a bad shot is dignified when he accepts a duel.”&#160; This is vintage Chesterton: witty, memorable, charmingly self-deprecating. Just two lines into the book, he already [&#8230;]</p>
<p>The post <a href="https://lawliberty.org/chestertons-radical-sanity/">Chesterton&#8217;s Radical Sanity</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
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<p data-beyondwords-marker="459d11b0-8ab1-4f22-b440-e9cc4e174922">“The only possible excuse for this book,” wrote G. K. Chesterton at the outset of his 1908 book <em>Orthodoxy, </em>“is that it is an answer to a challenge. Even a bad shot is dignified when he accepts a duel.”&nbsp;</p>



<p data-beyondwords-marker="76147f7e-2de8-4dfd-ae9a-fce2b1b7bdbe">This is vintage Chesterton: witty, memorable, charmingly self-deprecating. Just two lines into the book, he already has readers fully engaged, hungry for further explanation. It’s a great lead-in to <em>Orthodoxy</em>, but also to Chesterton’s work more broadly.</p>



<p data-beyondwords-marker="21c308fd-c122-488e-8bfa-476cf8ea452a">Building on his intriguing start, Chesterton relates how the reviewers of his previous 1905 work, <em>Heretics, </em>had complained that it was unreasonable for him to engage in armchair criticism of <em>their </em>philosophies when he had yet to explain his own. “It was perhaps an incautious suggestion to make,” he notes, “to a person only too ready to write books on the feeblest provocation.” But though <em>Orthodoxy </em>is pitched as an answer to this challenge, Chesterton offers an important qualification. “I will not call it my philosophy; for I did not make it,” he explains. “God and humanity made it; and it made me.”</p>



<p data-beyondwords-marker="327c833a-1ae7-4fcd-9cdd-dc70b707ffcb">With a vast corpus and a wide range of interlocutors, Chesterton did a lot of shooting in his lifetime, hitting some targets and missing others by wide margins. He was winsome, whimsical, profound but also preposterous, maddeningly unsystematic, and often in error. Somehow even his bad shots feel dignified. And he himself reveals the reason here in the first lines of <em>Orthodoxy. </em>Chesterton understood his entire public career as a kind of answer to a challenge: the challenge of reductive, rationalist, soul-destroying pathologies of modernity.&nbsp;</p>



<p data-beyondwords-marker="4fc0d91b-abc9-4614-a081-d81b4aee3613">He viewed himself not as a prophet or a philosopher, but as a pious re-articulator of ideas that are precious precisely <em>because </em>they are neither novel nor original, but rather inherited. They had been honed and cultivated by great minds across the centuries with grace as a guiding light. Chesterton&#8217;s classics make ideal reading for Holy Week. Few writers have illustrated the beauty of a reflective traditionalism as vividly as Chesterton.</p>



<p data-beyondwords-marker="7bda3717-d158-42ff-a2ee-697c4dfeb8c0"><strong>Fighting for His Life</strong></p>



<p data-beyondwords-marker="67ff5250-faf5-4c19-957b-06773fe81c8d">Many years after Chesterton’s death, C. S. Lewis, a steadfast admirer, famously defended his forerunner from the charge that he was too clever by half, comparing him to a warrior for whom “the sword glitters not because the swordsman set out to make it glitter&nbsp;but because he is fighting for his life and therefore moving it very quickly.”&nbsp;</p>



<p data-beyondwords-marker="732d1d96-e5ff-4f4b-b62c-01f80ec493e5">This feels profoundly true. But why exactly was Chesterton “fighting for his life”? Although English Catholicism (to which Chesterton eventually converted) has a justified reputation for feisty defensiveness, he was never in any danger of meeting the fate of a Thomas More or an Edmund Campion. In any case, he was still an Anglican when he penned <em>Orthodoxy. </em>Chesterton’s sense of urgency was inspired not by immediate risks to life and limb, but by deeper social and moral dangers that seemed to loom over everything good, honorable, or holy in the world. From a twenty-first-century vantage point we can readily relate. Indeed, reading Chesterton’s greatest works, it’s easy to forget that they are more than a century old, written well before the nostalgically remembered 1950s, the Internet, television, and even (in the case of <em>Orthodoxy) </em>the World Wars. Chesterton had never held a smartphone or seen a Hollywood movie, but he was fighting many of the same battles as today’s cultural reformers. The struggle for the soul of Western Civilization is not a new phenomenon.</p>



<p data-beyondwords-marker="9b44c253-d8c1-4b29-8b7c-591ffc6c8e4d">He grew up in a solidly middle-class family with what seems to have been a blandly respectable Unitarian faith. His reflections on childhood suggest that it was a happy time, but the Unitarianism did not take. As a young man, he went to art school and became immersed in the Decadent Movement, a reaction against stolid Victorian decency, inspired by figures like Oscar Wilde and Aubrey Beardsley. The movement prized novelty and subversive cleverness, spurned morality, and obsessed over subjective experience. To Chesterton, this felt like a kind of spiritual poison. Nothing, apparently, was real. Lost in a cloud of nihilism and solipsism, Chesterton became profoundly depressed and began to doubt sincerely whether the world really existed at all.</p>



<p data-beyondwords-marker="b4b31317-0194-4578-997a-ed938c1d2120">This became a recurring theme of his later works, for instance, in a memorable scene in <em>The Man Who Was Thursday</em>, when the High Council of Anarchists sits over breakfast, strategizing about the violent overthrow of human civilization. This project, as they themselves note, is undertaken mainly in pursuit of the nothingness that actually characterizes the world. One remarks mildly that, “if the end of the thing is nothing, it hardly seems worth doing.”</p>



<p data-beyondwords-marker="b7f21e81-83d9-4afc-a223-60de2ee8f111">“Every man knows in his heart,” replies another, “that nothing is worth doing.”</p>



<p data-beyondwords-marker="e4e57e16-cbf1-42a1-bce1-badaa4245ac7">The youthful Chesterton desperately wanted to find something worth doing. He rejected the empty Decadent Movement and resolved to embrace The Real, loving ordinary things for their very existence with an artless, unblushing gratitude. That led to love, marriage, churchgoing, and eventually Christian apologetics. But before one assesses his arguments for Christianity, it’s worth appreciating the road that led him there. Chesterton, too, lived in an age that wrestled with social dissolution and a deep loss of purpose. He too had looked into that abyss of empty amusement and fruitless ambition, glimpsing a world in which all was permitted and nothing mattered. His witty aphorisms and clever turns of phrase should be seen as jabs and parries against that bitter enemy.&nbsp;</p>



<figure data-beyondwords-marker="07ebede1-e9a2-4a06-b909-c2c277a7d340" class="wp-block-pullquote"><blockquote><p>Far better to live with the uncertainties of hard-to-reconcile commitments than to purchase the comforts of settled opinion at the cost of truth, integrity, and a life in which <em>things matter</em>.&nbsp;</p></blockquote></figure>



<p data-beyondwords-marker="6d15f11c-1379-4c23-afe6-6e9814a87c22">Despairing culture warriors might be tempted to reply that things couldn’t have been <em>quite </em>as bad in Chesterton’s day as in our own. People were still marrying and having children; most still went to church and took for granted a broadly Christian worldview. Pause for a moment to reflect, though. This was in fact a deeply troubled time for Britain, Europe, and the world. Multiple long-established empires, including Britain’s, were careening towards their end. Settled class structures were collapsing and virulent political religions rising; the world would soon be thrown into cataclysmic wars. On the home front, the thinking classes had largely written religion off as the opiate of the masses, moving on to more “enlightened” viewpoints like the one Chesterton encountered in art school. He spent his life sparring with representatives of these various strains of anti-traditional thought: George Bernard Shaw, H. G. Wells, Clarence Darrow. If we could revisit this era in a time machine, how long would it take to explain to Chesterton the perils of making one’s way in a world awash in expressive individualism, or a profession saturated in wokism? He’d get it in under a minute.</p>



<p data-beyondwords-marker="66171354-fc28-4447-8404-83d89a8ca9b6"><strong>A Dynamic Traditionalism</strong></p>



<p data-beyondwords-marker="0078c265-fabb-478f-a6ae-3eb9b6b15d54">Chesterton loved the real. But reality is complicated, and when different kinds of truth appear to be deeply in tension with one another, it is tempting to reduce the bewildering complexity by trimming the world down to a manageable-feeling size. That temptation likely became more widespread and acute as people moved from hamlets and farms into teeming cities, where the dizzying complexity of the world invaded daily life. This is surely one source for modernity’s many reductive pathologies.&nbsp;</p>



<p data-beyondwords-marker="228c22d3-cb8c-4f17-9fc0-f6c93dee128f">Chesterton himself succumbed to this kind of temptation at times, as in the most glaring of his “misses”: distributism. His hilariously titled <a href="https://www.amazon.com/Outline-Sanity-G-K-Chesterton/dp/0971489408"><em>The Outline of Sanity</em></a><em> </em>is surely the most <em>in</em>sane of all his works, in which he argues that large corporations are in fact (contrary to all appearances!) structurally inefficient, insists that labor-saving devices don’t really save labor, and predicts that the logical endgame of a thoroughgoing Capitalism is a world where the state eventually suppresses all rebellion, perhaps even marching people to the &#8220;monopoly stores&#8221; at gunpoint to ensure the system’s survival. Chesterton argued vociferously in favor of peasant life, which he hoped people would embrace voluntarily, rejecting rarified labor and complex market economies and going back to the land.</p>



<p data-beyondwords-marker="12593b8c-4de3-4354-bd5a-964de503c494">One can appreciate some of the noble ideas behind this view (concern about alienation, the love of family and natural community, the embrace of private property as the <em>literal </em>foundation of liberty) without denying that it’s bonkers. Economies of scale are real (and often very efficient). Labor-saving devices are real, too (and do often save labor). We can’t possibly sustain the world’s present population simply by allotting everyone “three acres and a cow,” and even if we could, very few people <em>want </em>to be peasants again. Economics, too, describes complex <em>realities </em>that Chesterton didn’t want to see.</p>



<p data-beyondwords-marker="3995cb08-bb69-443d-97cd-88cb796278e4">Nevertheless, he provides a wonderful conceptual framework to explain how tradition can help us cope with reality’s paralyzing complexity. If the world is large and chaotic, what is needed is an anchor, or perhaps a <em>root, </em>to attach human society to something firmer and more permanent than the whims and fantasies of a given moment. Tradition can be that root. A firm grounding in the wisdom of the past can enable the living to hold seemingly-conflicting truths in a dynamic tension, drawing stability and nourishment from the root in order to engage the world with confidence. More than just explaining this theory, Chesterton lived it, delineating a space much like what the humanist Lee Oser calls “<a href="https://lawliberty.org/christian-humanism-and-the-radical-middle/">the radical middle</a>,” in which the strong root of Christian tradition and orthodoxy enables believers to hold a “center of sanity” that looks radical to observers from many different angles mainly because it reveals a reality that <em>is </em>in fact wonderfully strange.</p>



<p data-beyondwords-marker="b8364e15-8063-41cc-85d7-2f0f7636747b">In this spirit, Chesterton continually stressed the beauty of<em> </em>vibrant extremes. He advised his readers to embrace them with zest instead of letting some fall by the wayside for the sake of a colorless consistency. Though the Decadent Movement was heavily fixated on subjective experience, Chesterton opposed all reductive philosophies, including scientific materialism and a thoroughgoing rationalism. He regularly returned to the theme of “the maniac,” who is deranged and in another sense quite rational and consistent, steadfastly refusing to see any truths that would unsettle his tiny, pristine worldview. “As all thoughts and theories were once judged by whether they tended to make a man lose his soul,” he advised, “so for our present purpose all modern thoughts and theories may be judged by whether they tend to make a man lose his wits.”</p>



<p data-beyondwords-marker="e0d5db2f-1cb6-4824-9b4c-faa24cdeba5a">In contrast to that, Chesterton recommended the “wild equilibrium” and epic adventure of lived reality. Far better to live with the uncertainties of hard-to-reconcile commitments than to purchase the comforts of settled opinion at the cost of truth, integrity, and a life in which <em>things matter</em>.&nbsp;</p>



<p data-beyondwords-marker="383710ba-1720-454a-9b00-59685c356fbc"><strong>Rediscovering England</strong></p>



<p data-beyondwords-marker="794ba30d-dba2-41ea-9396-66f6843eb726">The central metaphor of <em>Orthodoxy </em>is the story of an English yachtsman who ventures forth to explore new worlds, gets blown off course, and lands on a strange-seeming shore where he boldly plants the British flag “on that barbaric temple which turned out to be the Pavilion at Brighton.” Without noticing it, he has “discovered” his own home. Acknowledging cheerfully that such a man would look extremely foolish, Chesterton points out the upsides of committing such a blunder. “What could be more delightful than to have in the same few minutes all the fascinating terrors of going abroad combined with all the human security of coming home again? … What could be more glorious than to brace one’s self up to discover New South Wales and then realize, with a gush of happy tears, that it was really old South Wales.”&nbsp;</p>



<p data-beyondwords-marker="0ff46ebc-95bc-4369-a118-bc0e29f8e8f0">The man in the yacht is of course Chesterton himself. “I discovered England … if this book is a joke, it is a joke against me.”</p>



<p data-beyondwords-marker="85123c05-5914-4f7e-8c7a-fa59c2063984">In an era teeming with “influencers&#8221; of the most noxious variety, it is deeply moving to read an author who is so adept with words, and yet so totally suffused with gratitude, humility, and purpose. But instead of waxing nostalgic, modern readers should take note. His age had its own noxious influencers. Ours has access to all the same sources of wisdom and insight that Chesterton once “discovered.” It’s never too late to see the dazzling wonder of one’s own backyard.</p>
<p>The post <a href="https://lawliberty.org/chestertons-radical-sanity/">Chesterton&#8217;s Radical Sanity</a> appeared first on <a href="https://lawliberty.org">Law &amp; Liberty</a>.</p>
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