November 16, 2008

Beltway libertarian lawyers: we’re too cynical about the State.

In the new issue of Liberty, Robert Levy and William Mellor respond to my criticism of their book, The Dirty Dozen, in which they call for using the Fourteenth Amendment and the federal courts to achieve libertarian goals.

Their response article isn’t online, so you’ll have to buy the issue at the newsstand (which you probably should anyway) if you want to see it.

I don’t see a need to refute Levy and Mellor point-by-point because I stated my position clearly enough the first time.

I will say, though, that I like it that they call me “too cynical” when I suggest that a president will not appoint, and the Senate will not confirm, judges who would meaningfully restrain the power of the president and Congress.

In making that claim — that I’m “too cynical” about the state — they demonstrate well the difference between the beltway-libertarian mentality and the mentality of those of us who write for this website.