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cato.org
Saturday November 18, 2017 @ 04:08:49 AM mt

Endless Distraction vs. Living the Good Life



In a world of endless distraction, it's easy to avoid conscious growth. And, in a world of endless distraction, it's more important than ever to control ourselves. At Catos 40th anniversary celebration, Charles Murray discussed the good life.

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Saturday November 18, 2017 @ 04:08:42 AM mt

Conservatism on the Rocks



Conservatism has seen better days. Jeff Flake, Republican U.S. Senator from Arizona, discussed what he sees as problems in the conservative movement at Cato Club 200 in Laguna Beach, California.

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Saturday November 18, 2017 @ 04:08:38 AM mt

The Real Impact of Money on Elections



There's too much money in politics, or so goes the chestnut. Economist Jeff Milyo offers some perspective.

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Saturday November 18, 2017 @ 12:31:17 AM mt

And Five More Excellent SCOTUS Potentials Makes 25



In todays Friday afternoon news dumpa tactic to either bury bad news or, as here, to get reporters scrambling to cover an important story despite weekend plansPresident Trump added the following people to his list of potential Supreme Court nominees: Seventh Circuit Judge Amy Coney Barrett, Georgia Supreme Court Justice Britt Grant, D.C. Circuit Judge Brett Kavanaugh, Eleventh Circuit Judge Kevin Newsom, and Oklahoma Supreme Court Justice Patrick Wyrick.

These are stellar additions to the existing list of Supreme Court potentials. They show that the administrations judicial-nominations team continues to be serious about picking people who are widely respected for their intellectual rigor and commitment to the rule of law. The inclusion of two more state justicesand only one from Washington (or anywhere in the Acela corridor)also shows the national scope of the search for legal talent. Not everyone will agree with everything these jurists have written, but nobody can doubt that they are eminently qualified to join the highest court in the land.

Ill have more to say in coming days and weeks about the significance of this larger list and the role it plays in the context of President Trumps judicial nominations more broadly.

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Friday November 17, 2017 @ 09:36:06 PM mt

With Cordrays Departure Can CFPB Be Scrapped



Richard Cordray will leave his post as head of the Consumer Financial Protection Bureau. Does this mean the agency can finally be scrapped? Thaya Brook Knight comments.

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Friday November 17, 2017 @ 09:36:05 PM mt

Demographics and Monetary Policy



How do demographic trends interact with monetary policy? Would a change in the Fed's mandate change how the agency looks at demographics? Loretta J. Mester, President of the Cleveland Fed, comments.

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Friday November 17, 2017 @ 08:37:47 AM mt

A Basic to Challenge to Unfair Money-Bail Schemes



The City of Calhoun, Georgia, adopted a scheme by which bail was set to a pre-determined amount, resulting in Maurice Walker being held in jail for nearly 2 weeks on misdemeanor public drunkenness charges. Walker challenged detention on behalf of himself and those similarly situated, including personsheld ontraffic offenses.

The federal district court got it right and enjoined the city from enforcing its scheme: when setting bail for criminal defendants, basic due-process principles require a judge to take into account the defendants income and set an individually payable amount. That rule exists to ensure against a manifest injustice, converting pre-trial liberty from a right into a privilege of the wealthy. But Calhoun is pursuing an appeal, now making its second appearance before the U.S. Court of Appeals for the Eleventh Circuit. As Cato points out in ouramicusbrief supporting Walker (essentially the same one we filed at an earlier stage of litigation), the due-process rule that the city violated is quite literally as old as the common law.

That right to individualized bail has existed at law for nearly amillennium. Following the Norman Conquest of England in 1066, England developed a robust bail system which ensured the right to pre-trial liberty. The 1215 Magna Carta enshrined that right: No free man shall be arrested or imprisoned or victimized in any other way except by the lawful judgment of his peers or by the law of the land. When the Stuart Kings of England attempted to impose further absolute monarchy, they chose to attack the right to pretrial liberty and aggrandize royal detention powers. In 1627, Charles I arrested five knights for unnamed offenses. Counsel for the knights challenged their detention on the ground of the Magna Cartas liberty guarantee. The royalist Kings Bench denied that defensecontravening 400 years of lawbut the House of Commons overruled the case in 1628 by passing the Petition of Right: no freeman in any such manner as is before mentioned, be imprisoned or detained.

Charles I was eventually beheaded in 1649 by rebel forces under parliamentary command for his constant usurpation of English constitutional rights. When his son Charles II was restored to the throne, he also attempted to impose absolutist policies, particularly regarding the power to detain. His abuse of jurisdictional loopholes led to the 1679 Habeas Corpus Act. Charles II was also (in)famous for setting very high bails, an issue Parliament addressed in 1689.

The same right to individualized bail is protected in the U.S. Constitutions due process clausesthe Supreme Court has said as much inUnited States v. Salerno(1987) andStack v. Boyle (1951)as well as the Eighth Amendments prohibition on excessive bail. Constitutional history could not be clearer about bail and pretrial liberty: it must be available and affordable to all but the most dangerous defendants.

The City of Calhoun now stands with the Stuart Kings among the tyrants of history who usurp ancient rightsand on appeal is trying to defend that title. The citys best course would still be to abandon its defense and comply with basic due-process requirements that preserve the freedom of the poor. That would save its taxpayers some legal fees to boot. But it has refused to do so, so this winter the Eleventh Circuit will again be hearing Walker v. City of Calhoun.

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Friday November 17, 2017 @ 02:09:54 AM mt

The Other Monuments Problem



The naming of national monuments creates a few underappreciated problems. Hannah Downey of the Property and Environment Research Center comments.

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Friday November 17, 2017 @ 02:09:50 AM mt

Does Public Radio Have a Diversity Problem



Does public radio have a diversity problem? Jon Caldara, president of Colorado's Independence Institute, believes it does.

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Friday November 17, 2017 @ 02:09:47 AM mt

Assessing the New GOP Tax Plan



Chris Edwards discusses the tax plan now circulating in Congress.

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