Randy Barnett Sponsors Fiction Contest (sort of)

So tell me a story about how an individual denied the right to braid hair without an expensive and time consuming cosmetology licence can get her right vindicated in “the legislative process.” Tell me how some monks can get their right to sell a wooden box in which to bury the dead without being licensed funeral home directors can get their rights decided by “the rest of us.”

[…] What does this African American woman do who wants to braid hair for money? How does her right become part of the agenda of the state Republican and Democratic parties and their candidates for the state representatives or senators? How does she make “the rest of us” aware of her liberty being violated so they can vote Republican or Democrat accordingly? How does she get the public to place a greater weight on her lone right to pursue a harmless occupation than they do on the other policies advocated by Republicans or Democrats? When will “deliberate majorities” ever even hear her claim?

“The rest of us” were never asked our opinion about hair braiding or casket sales. Majorities in the state legislature never voted on the regulation beyond delegating their lawmaking power to administrative agencies or professional boards.

(source: The majoritarian fable – The Washington Post)

It is vital to remember that the more we solve problems at a level and in a manner where no one has to look his neighbors in the eye after speaking his piece, where responsibility is concealed and diffused in a way that hides the immorality of indifference, the more we have no credible answer to this except endless warfare.

At first, of course, it will be litigation.

1 Thought.

  1. Pingback: Oneiric Autonomy, and other fantasies | Hang Together

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