Clinton and the Rule of Law


If history teaches anything, it is that human well being and progress—indeed, civilization itself—depend on the rule of law. For when the rules of human conduct are unjust, arbitrary, or ever changing, people simply cannot plan their affairs with any confidence that today's rules will apply tomorrow. Unfortunately, American law and legal institutions have become increasingly uncertain and unstable over the course of the 20th century as statutory law has come increasingly to replace common law and as common law itself has become increasingly politicized. That pattern has only increased under the Clinton Administration, which has proposed countless programs that enjoy no support under the Constitution, has drawn more and more power into the executive branch, and has exercised that power often with minimal respect for due process or legal principles. For more on these subjects, see the articles that follow. For a systematic treatment, come to Cato's July 12 conference, "The Rule of Law in the Wake of Clinton."

"Reviving the Privileges or Immunities Clause to Redress the Balance Among States, Individuals, and the Federal Government," by Kimberly C. Shankman and Roger Pilon, Cato Policy Analysis No. 326, November 23, 1998.

"Dereliction of Duty: The Constitutional Record of President Clinton," by Timothy Lynch, Cato Institute Policy Analysis no. 271, March 31, 1997.

"Executive Orders and National Emergencies: How Presidents Have Come to 'Run the Country' by Usurping Legislative Power," by William J. Olson and Alan Woll, Cato Policy Analysis No. 358, October 28, 1999.

"Letter to the Editor of The Wall Street Journal Concerning Elián Gonzalez," by Roger Pilon, Cato Daily Commentary, April 20, 2000.

"Columnist Reflects New Deal View of Twisted Constitutional Views," Cato Daily Commentary, by Roger Pilon, February 19, 2000.

"Limited Government and the Rule of Law," from The Cato Handbook for Congress (PDF, 10 pp, 37 kb) 3

"Congress, the Courts, and the Constitution," from The Cato Handbook for Congress (PDF, 25 pp, 82 kb)

"Property Rights and Regulatory Takings," from The Cato Handbook for Congress (PDF, 17 pp, 60 kb)

"The Purpose and Limits of Government," by Roger Pilon, Cato's Letters, 1999 (PDF, 41 pp, 256 kb)

"Judge Jackson Is Wrong," by Robert A. Levy, New York Law Journal Online, Nov. 7, 1999.

"Microsoft Redux: Anatomy of a Baseless Lawsuit," by Robert A. Levy, Cato Policy Analysis No. 352, September 30, 1999.

"Antitrust," by William F. Shugart II and Robert A. Levy, The Cato Handbook for Congress: 106th Congress, 1999.

"Antitrust in the Information Age," daily commentary by Robert A. Levy.

"Back in Court: The Browser Wars Resume," daily commentary by Robert A. Levy.

"Microsoft: A Tale of Two Markets," daily commentary by Robert A. Levy.

"Microsoft Is No Monopoly," daily commentary by Robert A. Levy.

"The Government's War on Mergers: The Fatal Conceit of Antitrust Policy," by William F. Shughart II. Policy Analysis No. 323. October 22, 1998.

"All Bork, No Bite: Dogging Microsoft," daily commentary by Robert A. Levy.

"Hatch vs. Gates: Just Who is Abusing Power?" daily commentary by Robert A. Levy.

"Microsoft and the Browser Wars: Fit To Be Tied," by Robert A. Levy. Policy Analysis No. 296. February 19, 1998.

"So Sue Them, Sue Them: Cities Look to Squeeze Gun Makers," by Michael I. Krauss and Robert A. Levy, Weekly Standard, May 24, 1999.

"Unlegislated Compulsion: How Federal Agencies Threaten Your Liberty," by Robert A. Anthony. Policy Analysis No. 312. August 11, 1998.

"Tobacco and the Rule of Law," by Robert A. Levy, The Cato Handbook for Congress: 106th Congress, 1999.

"States Share Blame for Tobacco Lawyers’ Greed," daily commentary by Robert A. Levy.

"Where There’s Smoke, There’s Money," daily commentary by Robert A. Levy.

"High Tobacco Taxes Won’t Make the Problem Go Away," daily commentary by Robert A. Levy.

"Need Money? Call for Philip Morris," daily commentary by Robert A. Levy.

"Hooked on Cigarette Taxes," daily commentary by Robert A. Levy.

"The Great Tobacco Robbery: Lawyers Grab Billions," daily commentary by Robert A. Levy.

"Tobacco Extortion: Round 3," daily commentary by Robert A. Levy.

"Pack It In," by Robert A. Levy, National Review, May 4, 1998.

"Should Nicotine and Alcohol Be Further Regulated?" by Robert A. Levy, Moyers on Addiction: Close to Home - Viewpoints, March 23, 1998.

"Response to Supplementary Questions on the Global Tobacco Settlement," by Robert A. Levy to the Committee on the Judiciary, United States Senate, August 15, 1997.

"Battering Big Tobacco: Nothing to Lose but Our Liberty," by Robert A. Levy, Regulation, summer 1997.

"Global Tobacco Settlement," testimony by Robert A. Levy before the Committee on the Judiciary, United States Senate, July 16, 1997

"Tobacco Medicaid Litigation: Snuffing Out the Rule of Law," by Robert A. Levy. Policy Analysis No. 275. June 21, 1997.

"When Theft Masquerades as Law," by Robert A. Levy, Cato Policy Report, March/April 2000, vol. XXII, no. 1.

 



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