The Country’s Finest Legal Mind?

An important hallmark of Fantasy Free Economics is the practice of studying people and institutions according to how they function, not according to how they are defined. Other economists do it the other way and thus have no chance of being right about anything.

When the founding fathers put the constitution together, they came up with three branches of government. One of these is the Supreme Court. Justices on the Supreme Court are expected to be independent and unbiased.  There has always been an assumption that the Justices would be unbiased and independent.

Fantasy Free Economics treats Supreme Court Justices as political hacks who try to accomplish personal political agendas as well as bolster the positions of the president who appoints them. Are they the best political minds in the country?  No, not by any stretch of the imagination.  They are the best politicians among judges. This is not only true of Supreme Court Justices, it is true of judges in general. The best legal minds in the country are attorneys who are in private practice and who win cases.

When the constitution was written, the concept of best legal mind was a work in progress. The constitution was written so that an unlearned person would know exactly what it meant.

The customary practice of allowing political hacks to determine the constitutionality of laws is not part of the constitution and there is nothing written or chipped in stone saying it has to be that way.  By knowing the political leaning of the justices, correctly predicting how each will vote is close to a certainty most of the time.

Neil Gorsuch is about to be confirmed as Trump’s first appointee to the Supreme Court.  While held in awe, the Supreme Court has morphed into a rolling constitutional convention whereby laws can be upheld or ruled against according to which political agenda is in power at the time. There is nothing permanent about a Supreme Court decision.

It doesn’t have to be this way. Congress could set up a jury system so as to test every law for constitutionality before it becomes active. A Jury of citizens should determine the constitutionality of a law or a decision that is in question. Of all the institutions in government, there is only one which works somewhat according to how it was designed to work. That is the jury system. It stull works.

 

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About Fantasy Free Economics

James Quillian independent scholar,free market economist,and teacher of natural law. Who is James Quillian? Certainly I am nobody special, Just a tireless academic and deep thinker. Besides that, I have broken the code with respect to economics and political science. Credentials? Nothing you would be impressed with. I am not a household name. It is hard to become famous writing that virtually no one in the country is genuinely not in touch with reality. But, if I did not do that, there would be no point in my broking the broken the code. If you read the blog, it is easy to see that there are just a few charts, no math and no quantitative analysis. That is not by accident. Given what I know, those items are completely useless. I do turn out to be highly adept at applying natural law. Natural law has predominance over any principles the social science comes up. By virtue of understanding natural law, I can debunk, in just a few sentences , any theory that calls for intervention by a government. My taking the time to understand the ins and outs of Keynes General Theory is about like expecting a chemistry student to completely grasp all that the alchemists of the middle ages thought they understood in efforts to turn base metals into goal. Keynesian theory clearly calls for complete objectivity. Government can only make political decisions. Keynesian techniques call for economic decisions. So, why go any further with that? Fantasy Free Economics is in a sense a lot like technical analysis. Technical analysis began with the premise that it was impossible to gain enough information studying fundamentals to gain a trading advantage. Study the behavior of investors instead. Unlike technical analysis, I don't use technical charts. What I understand are the incentives of different people and entities active in the economics arena. For example, there is no such thing as an incentive to serve with life in the aggregate. In the aggregate, only self interest applies. It is routinely assumed otherwise. That is highly unappealing. But, I am sorry. That is the way it is. I can accept that because I am genuinely in touch with reality. Step one in using Fantasy Free Economics is for me to understand just how little I really know. A highly credentialed economist may know 100 times what I do based on the standard dogma. Compare the knowledge each of us has compared to all there is to know and we both look like we know nothing at all. There is always more than we don't know than what we do know. I am humble enough to present myself on that basis. Why? That is the way it is. I am not bad at math. I have taught math. What I understand is when to use it and when to rely on something else. Math is useless in natural law so I don't use it. While others look at numbers, I am busy understanding the forces in nature that makes their numbers what they are. That gives me a clear advantage.
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