Timothy Sandefur on The Right to Earn a Living

"The rational basis test was basically concocted out of thin air by the Progressive movement, gradually, but applied to American law with no constitutional basis. That's why you have cases like [the eminent-domain case] Kelo or these licensing restrictions that prohibit people from earning an honest living."

So says Pacific Legal Foundation attorney and author, Timothy Sandefur, who sat down with Reason.tv to discuss his book The Right to Earn a Living. The "rational basis" review grew out of a 1938 Supreme Court case and essentially argues that as long as a government action can be "rationally tied" to a "legitimate" government interest, anything goes.

Sandefur discusses the "four big Progressive ideas" that came about during the New Deal-era Supreme Court in the 1930's. They include: 1) Rather than being inherent, rights are permissions given to individuals by the state; 2) Government exists to "improve" society, not to protect individual rights; 3) A reading of judicial restraint that means when government violates your rights, the courts should do nothing about it; and 4) Belief in a "living Constitution," that will be radically reinterpreted in various contexts.

Approximately 8.30 minutes.

Shot by Jim Epstein and Dan Hayes. Edited by Dan Hayes.

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News & Politics

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• timothy sandefur
• the right to earn a living
• rational basis test
• progressive supreme court
• eminent domain
• reason.tv
• reasontv
• reason magazine
• constitution

[CurtHowland]

@averagejoe040 "Maybe you should tell him about President Warren G. Harding"

I was not aware of Harding's cutting, but I'm not surprised. Martin van Buren did exactly the same thing, and the 1836 recession lasted only about 1 year.

It's the unprecedented intervention by the Feds that caused the Great Depression to be so deep and so long, and why the one we're going into now will be the worst the US has ever seen.

The more they do, the worse it gets.

[chevydriver1123]

Taxes = Theft

ED = Theft

Overbearing Regulations = Corporatism/Anti-competive

War = Theft, Crushing Civil Liberties, Debt, Suffering

[MrXSpeaks]

He knows more about the law than I do, but I think he went off the rails at antitrust law. If we didn't have antitrust law we would all be working for ACME Global Everything Corp. and no economic freedom at all.

[therealaj123]

How can Sandefur be pointing out so lucidly the absurdity of the "rational basis test", yet continue to be an objectivist?

[therealaj123]

@ThePirateEconomist If you would starve to death without pay, you don't really have a choice to quit.

[FRSFreeStateNow]

As a liberal myself I have a lot of respect for libertarianism even though I don't agree with them on everything. But the fact they believe both in maximizing Economic and Social Freedom.

[jerumwolf]

wow, that's some real fucked up shit going on.

[pyrotiger77]

CHeck out the radio interview: plf.typepad.com/plf/2010/11/pl­fs-timothy-sandefur-joins-arms­trong-getty-monday-morning.htm­l



[pyrotiger77]

CHeck out the radio interview: plf.typepad.com/plf/2010/11/pl­fs-timothy-sandefur-joins-arms­trong-getty-monday-morning .html



[liOVERLOADil]

Unreal!!!

[leafwatch]

@YKantBobReed Once upon a time you probably would have been right; kids were taught "the policeman is your friend." But in recent decades the balance shifted from police "keeping the peace" to police causing harm. Yes there are still good cops; but far too many have found it a profitable racket. Shakedowns are common; but the major reason is the proliferation of victimless "crimes." Police now arrest and brutalize peaceful people; the US has the highest % of citizens in jail in the world.

[CurtHowland]

@YKantBobReed "To suggest otherwise is naive."

You may disagree that private individuals working together can serve the needs of a society better than an armed and nearly un-accountable army can, but that is not "naive".

There are many discussions of such, in For A New Liberty, The Market For Liberty, The Machinery Of Freedom, Chaos Theory, and others.