Another home run............
http://www.realclearmarkets.com/art...rowth_over_the_rule_of_sen_warren_101911.html
For progressive judges and politicians - the Occupy-Wall-Street-Movement advocates - capitalism and commerce are the bogeymen. Free enterprise is unfair. The facts are for losers and the Rule of Law can be - indeed, must be - clarified or re-interpreted because business rewards some at the expense of others.
Progressives make their policy arguments in moral terms. They believe that government is best and most trustworthy to manage our economic lives. For these reasons, progressives seek to control negative externalities - what they consider market failures - with government action. So, if they determine capitalism hurts the poor and favors the wealthy, progressives then have the moral obligation to change the rules.
To achieve their political goals, the Left's preference is to use the power of the State. A court, for instance, will reconsider 75 years of black letter law to establish, what the Left considers, a more equitable outcome. Such is the case with an activist judge on the Federal District Court who nullified seven decades of settled law and business practices. Judge Shira Scheindlin has determined that the Trust Indenture Act (TIA) of 1939 does not mean what it clearly expresses in its text.
http://www.realclearmarkets.com/art...rowth_over_the_rule_of_sen_warren_101911.html
For progressive judges and politicians - the Occupy-Wall-Street-Movement advocates - capitalism and commerce are the bogeymen. Free enterprise is unfair. The facts are for losers and the Rule of Law can be - indeed, must be - clarified or re-interpreted because business rewards some at the expense of others.
Progressives make their policy arguments in moral terms. They believe that government is best and most trustworthy to manage our economic lives. For these reasons, progressives seek to control negative externalities - what they consider market failures - with government action. So, if they determine capitalism hurts the poor and favors the wealthy, progressives then have the moral obligation to change the rules.
To achieve their political goals, the Left's preference is to use the power of the State. A court, for instance, will reconsider 75 years of black letter law to establish, what the Left considers, a more equitable outcome. Such is the case with an activist judge on the Federal District Court who nullified seven decades of settled law and business practices. Judge Shira Scheindlin has determined that the Trust Indenture Act (TIA) of 1939 does not mean what it clearly expresses in its text.
