Justice Delayed

Continuing the discussion of how the government can provide the structure for the beneficial interactions of its citizens. One of the significant differences between the government and the private sector is the sense of time. The latter values it, and it’s primary to any planning. The incentives in the public sector are often the reverse. The more time it takes, the more secure their jobs and funding. We need to pinpoint where this attitude impedes commerce and people’s lives, and find ways to get the government on board, whether it likes it or not.

In my last post, I showed how vital a fair legal system is to capitalism and a properly functioning economy. It’s alarming, then, that our court system is a major culprit in preventing us from reaching our potential. Operating at a glacial pace, our courts seem little changed from the 16th-century British courts, except we don’t don wigs.

William E. Gladstone popularized the truism, “Justice delayed is justice denied.” A widely accepted principle, but often ignored in practice, it’s also costly. The current lawsuit, V.O.S. Selections v. Trump, illustrates just how expensive the Administration’s tariffs are. Filed shortly after Trump announced “Liberation Day” tariffs on April 2, 2025, the Court of International Trade blocked their implementation on May 28 on grounds that the President exceeded his powers—a timely decision based on seemingly strong grounds, rendered before significant harm.

Given the extent of the damage that improperly levied tariffs would do if left in place, it would seem to a layperson that blocking their implementation until finally adjudicated is sensible.

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Ballroom Or Royal Court

While we’re waiting for some possibly momentous news, such as the Israeli Defence Force finally finishing off Hamas in Gaza, a Russia-Ukraine ceasefire, and a court ruling on Trump’s Tariffs, it might be a good time to reflect on some rules for leading to better government. A few posts ago, I featured an observation of the poorest performing nations, which were the ones where the state allocated resources and selected winners and losers rather than allowing the market to do the job.

What is the purpose of government other than providing the framework for its citizens to thrive? This structure must begin with the protection of body and property from arbitrary loss. Whether it’s an invader, thieves, or the government itself, you and your property are safe from capricious forces.

One of our great blessings is inheriting the English common law and the principles of representative government. We codified and expanded on these principles. An American citizen can’t be deprived of freedom or property without due process, as enshrined in our Constitution and its amendments, especially the first ten. Rather than a supreme leader doling out favors either directly or through subordinates, people should interact without government interference as much as possible.

These freedoms resulted in heretofore unheard-of economic growth, first in the British Isles, but followed closely by the young United States. The closer other nations emulated these two, the more their people benefited.

If you lack the basics of food, clothing, and shelter, not much else matters. In countries that provide a framework where people are free to choose not only the basics but also much more. (“More” in the sense of my series”The Long Journey to More”) The nations where rulers direct the economy struggle with even the essentials.

Marxists and other progressives claim that the expertise of an elite class can lead us to the promised land. The “best and the brightest,” rather than people interacting, know better. Those comprising the ruling elite live well, but the rest do not. In Cuba, Venezuela, or Argentina, where the state directs the economy, living standards fell.

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Third Party Message For Elon Musk

Here we go again. A billionaire suddenly discovers our two-party system is dysfunctional. Instead of serving the desires of most Americans, each party reflects its extremes. This time it’s Elon Musk. It brought back memories of my association with Starbucks founder Howard Schultz’s brief Third-Party campaign. That campaign asked for people with fresh ideas to submit them.

At the time, I was creating my Future Party series. I concluded that any new party has to stand for something or a set of things. Just being against the other guys won’t work. Rather than dealing with personalities, people unhappy with the current two parties need to unite around common goals. The Republicans opposed the spread of slavery when the Democrats and Whigs equivocated.

I communicated this conclusion, along with a link to Dave’s Healthcare Plan, on this site. After all, it isn’t right to pontificate without contributing to a solution. To my surprise, the campaign asked me to join an “outside the box”ideas group. Someone there liked the Plan, and I will hear the details shortly.

What I heard next was that Howard Shultz was dropping his third-party crusade. I received an email stating that the idea group wanted to continue, but there was no further correspondence.  

I often wondered what would’ve happened if, instead of the “Third Way” pablum Schultz spouted, he had put forth bold ideas to solve real problems, rather than being perceived as just a spoiler. Dave’s Plan offers completely portable, universal healthcare and retirement benefits. It utilizes the money and structures we already have in place. It might’ve provoked discussion and attention. It’s not Democrat or Republican, just a comprehensive answer to big problems.

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A Tale Of Two Books

Elon Musk says our two major parties have turned him off; he’s starting the “American Party.” Musk isn’t the only person uncomfortable with the direction offered by the two parties. The Democrats seem to cling to small minority positions, the majority abhors, such as biological males in women’s sports, and open borders. A Republican president playing footsy with organized labor and imposing industrial policy through tariffs. These used to be Democratic policies.

It’s not surprising that long-term adherents to either party are dismayed. Recently, I began to understand what was going on, thanks to two books., “Abundance,” by Ezra Klein and Derek Thompson, and “The New Conservatives,” edited by Oren Cass. In a post last April, I noted, “Abundance” is weak tea, heavy on lamentations about how nothing ever gets built or finished. We’ve all seen this in action, or more realistically, inaction. What I found lacking is solutions.

The authors decry California’s high-speed rail boondoggle, but fail to mention that Florida already connects major cities with its non-government high-speed rail. It’s not profitable, but it’s running and rapidly growing. Completed green power projects are more abundant in red states. Houston has affordable housing, California doesn’t.

While the U.S. as a whole suffers from excessive regulation, some individuals have found ways to accomplish their goals. Instead of merely pointing out the overregulation, the authors needed to demonstrate how to mitigate the problem, providing examples of success, even if they’re in Red States.

I was surprised to read E.J. Dionne’s critique of the book in The Washington Post. Long featured on the left of the center media, such as MSNBC, he’s a longtime window into the progressive intelligentsia’s thinking. In his words, this mild book” has “the potential to divide the party.” What, a book that ends in the aspiration for “a liberalism that builds.” What a shocking idea.

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Minority Positions Won’t Win

We finally bombed Iran’s nuclear facilities. Without opposition, the Israelis and then the U.S. hit the major sites. At this point, we don’t know the extent of the damage. An earlier leaked assessment said it might have only set the program back for a few months, while others have said it had done such damage that Iran will need years to get back on track. Without people on the ground, a definitive answer is impossible, but if and when Israel goes in again, it will tell us what the nation at existential risk has determined.

A decade ago, I proposed bombing Iran’s nuclear facilities. If they revive the program, we should strike back. Living in a real version of the Myth of Sisyphus, the Mullahs would eventually tire of pushing the boulder up the mountain, only to start again. So long as Israel controls the skies over Iran, follow-up attacks will take place as needed. It was a good plan then, and it remains so now.

Stopping religious fanatics from possessing weapons of mass destruction removes a grave threat not only to Israel but also from Iran’s long-range missile development to everyone else on Earth. If we denied North Korea and Pakistan nuclear weapons, we’d all sleep better. Iran is much scarier—every day, it’s death to America and death to Israel, and they mean it.

One might think we’d have a national sigh of relief, knowing Iran isn’t about to have nuclear warheads topping Intercontinental Ballistic Missiles (ICBMs) aimed at us, but some aren’t cheering. Some Democratic leaders alluded to the leaked study.

The information is preliminary and labeled as having low confidence. Yet, the left-leaning legacy media pounced on it and spread it far and wide. Instead of lauding our military for its work, publicizing a possible Trump failure took precedence. Democratic politicians joined in.

This response seems to reinforce the perception of an anti-Israel bias by the left in its conflict with Iran. Support for pro-Hamas, an Iranian ally, and protesters who harassed Jews by the progressive wing of the Democratic Party indicates the left is anti-Semitic.

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