How had things come to this pass? Murray ascribes it to the abandonment of effective limits on government embedded in the Constitution by its prime architect James Madison. That started with the early 20th century Progressives, who passed laws setting up independent and supposedly expert bureaucrats in charge of regulation, and furthered by New Deal Supreme Court decisions.
Murray argues that these mistakes cannot be reversed by the political or judicial processes. The Court won’t abandon longstanding doctrines on which millions of people have relied. Congress, even a Republican Congress working with a Republican president, won’t repeal vaguely worded statutes that give regulators wide-ranging discretion.
State and local governments are just as bad. They pass laws protecting established businesses (notably taxi cartels) by restricting competition.
What is to be done? Citizens, says Murray, should be willing to violate laws that the ordinary person would instantly recognize as ridiculous. And deep-pocketed citizens should set up a Madison Fund, to subsidize their legal defense and pay their fines.
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