Nathaniel Ward

Wednesday Links: Playoff Hockey


Wednesday Links: Assigning Priorities

  • Prioritizing tasks can be hard. Trent Hamm offers some advice on how to distinguish the important from the merely urgent.
  • Why is your marketing copy not converting? Copyblogger has some ideas.
  • “Every piece of the ‘success story’ of the auto bailout,” Todd Zywicki argues, would “seem to be in error.”
  • Regulatory capture in reverse: heavily regulated industries are protesting a Florida proposal that would remove licensing requirements for professions like interior design and dance instruction.
  • Timeliness and concision are the keys to successful marketing on Facebook, Lauren Drell reports. Equally as important: asking your supporters to engage.
  • Last but not least, Readability is an intriguing new online tool to make long-form online text easier to read in the browser. The Chrome extension is pretty nifty, but I haven’t taken the plunge to purchase the full service.


Monday Links: That’s Not Privatization


What Judges Have to Do with Runaway Government

Government is growing ever more intrusive and arrogant, George Will argues in an important new article:

The original constitutional structure has, [law professor Elizabeth Price Foley] says, been inverted: Citizens are required to convince the courts that laws restricting liberty are “irrational”; government should be required to articulate justifications for limiting liberty. The Founders’ goal — in John Adams’s formulation, a nation of “laws, and not of men” — has, Foley believes, “been taken much too far.”

The courts, Will concludes, “incit[e] governmental arrogance by deferring to it. So judicial deference often is dereliction of judicial duty.”

While Will describes a case at the local level, this trend is particularly worrisome at the federal level, where judges have assented to the growth of an extra-constitutional administrative state. Administrative agencies, Gary Lawson ably explains, justify their broad, unchecked powers using a dubious “rationality” argument. And “constitutional law buffs know that ‘rationality’–so-called rational basis review–is code for ‘the government wins.’”

Lawson sums it up colorfully: “When the basic institutions of modern administrative governance are at stake, the Court closes ranks and hurls the constitutional text into the Potomac River.”

This isn’t to say that we need “conservative activist judges” to undo the damage. Instead, we need judges who recognize the importance of the Constitution and America’s first principles. In their decisions, former attorney general Ed Meese insists, jurists should recognize “the importance of grounding their decisions on the bedrock of original understanding instead of the shifting sands of public or personal opinion.”