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Monday, May 16, 2011

The Rational Basis Test at Work


http://www.economist.com/node/18678963


I think the picture at the top says it all... Who knew interior designers could cause 88,000 deaths per year? Considering that unemployment is hovering around 9%, the fact that these groups can still wield enough influence to prevent people from pursuing lawful occupations should prompt the question whether such a deferential standard is appropriate in cases involving economic rights. It is interesting that the 14th Amendment prevents the states from taking a person's life without due process, yet it has been interpreted to allow the government to prevent that same person from taking the steps necessary to sustain it. Any thoughts?

1 comment:

  1. I heard a rumor that we used to have a free market economy. I think it used to create jobs too.

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