James A. Montanye Archive

James A. Montanye is a Research Fellow at the Independent Institute.
Full Biography and Recent Publications

Chief Justice John Roberts Channels Oliver Wendell Holmes, Not Owen Roberts



Conservatives like to have their constitutional argument both ways—to argue on one hand that the Supreme Court is obliged to defend against legislative folly and administrative overreach, and on the other hand to argue that the Court is obliged to uphold the Constitution’s letter and spirit. They often ignore, however, that Article III actually...
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“Tax Expenditures”: Old Vinegar Rebottled



The late management guru Peter Drucker noted decades ago that the notion of tax “loopholes” implies that government is the primary claimant to the entirety of its citizens’ income. The government’s claim is rendered less than absolute in practice only by glitches (intended or otherwise) in the tax code. Enter now, stage left, the...
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Spreading the Wealth: An Introduction to Political Biology



President Obama’s commitment to use the compulsions of regulation, tax policy, and individual mandates to “spread the wealth” prompts thinking men and women of good virtue to wonder anew whether Karl Marx and his acolytes were right about communism’s inevitability. Economic theory predicts that collectivist policies of the sort now being advanced are inherently...
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