The Supreme Court Fails to Protect Economic Liberty, Again Occupational licensing abuse gets a pass from the high court.

Does the Constitution protect the right to earn a living free from arbitrary and unnecessary government interference? James Madison, the document’s chief architect, thought it did. “That is not a just government,” Madison wrote, “where arbitrary restrictions, exemptions, and monopolies deny to part of its citizens that free use of their faculties, and free choice of their occupations.” Rep. John Bingham (R-Ohio), the author of section one of the 14th Amendment, which forbids state governments from depriving any person of “life, liberty, or property, without due process of law,” thought so too. According to Bingham, the 14th Amendment secures the right “to work in an honest calling and contribute by your toil in some sort to the support of your fellowmen, and to be secure in the enjoyment of the fruits of your toil.” …………

 

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