- The Oxford Handbook of Freedom
- Self-Ownership as a Form of Ownership
- Positive Freedom and the General Will
- Moralized Conceptions of Liberty
- On the Conflict Between Liberty and Equality
- Freedom and Equality
- The Point of Self-Ownership
- Platonic Freedom
- Aristotelian Freedom
- Freedom in the Scholastic Tradition
- Freedom, Slavery, and Identity in Renaissance Florence: The Faces of Leon Battista Alberti
- Freedom and Enlightenment
- Adam Smith’s Libertarian Paternalism
- Market Failure, the Tragedy of the Commons, and Default Libertarianism in Contemporary Economics and Policy
- Planning, Freedom, and the Rule of Law
- Freedom, Regulation, and Public Policy
- Boundaries, Subjection to Laws, and Affected Interests
- Democracy and Freedom
- Can Constitutions Limit Government?
- Freedom and Religion
- Freedom and Influence in Formative Education
- Freedom and the (Posthumous) Harm Principle
- Exploitation and Freedom
- Voluntariness, Coercion, Self-ownership
- The Impartial Spectator and the Moral Teachings of Markets
- Disciplinary Specialization and Thinking for Yourself
- Free Will as a Psychological Accomplishment
- Prisoners of Misbelief: The Epistemic Conditions of Freedom
Abstract and Keywords
There are systematic reasons why the U.S. constitution has failed to limit the power of the federal government in the way that it was intended to do. After examining which kinds of constitutional provisions have been respected and which have not, we can devise alternative constitutional provisions that would have a greater chance of successfully limiting the power of government. In particular, (i) there should be supermajority rule for passage of all legislation, (ii) there should be a separate, “negative legislature” with the sole power of repealing laws, and (iii) there should be a separate “constitutional court” with stronger powers for enforcing the constitution than the current Supreme Court.
Michael Huemer is a Professor of Philosophy at the University of Colorado, Boulder.
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