The Founding Fathers could not anticipate the complexities of the 21st century, and wanted to provide flexibility for the government to adapt. So they kept things fairly simple, but provided room for adaptation. American law gradually adapted to the complexity of a developing society. American law remained rooted in our good-but-flawed Constitution, but adapted to handle the modern world. The Founding Fathers did not anticipate, for example, how butchers, bakers, and farmers would evolve into the modern food industry. Along the way, our society recognized that the government needed to be involved in the food industry to ensure safety and transparency. The Constitution did not create a “Food branch” of the government or specifically grant 'food regulation' powers to the Federal government or the States. But the courts agreed that if the legislature passed a food safety law, there would need to be pragmatic systems to make that law into reality. When wealth accumulated wildly in ...
Justin Wolfers gave an outstanding talk outlining the value of institutions in creating prosperity. See it here. I wish he was talking about America, and we have a rich history with some of the institutions he talks about–but we do not have a rich present in that regard. American exceptionalism has always been a bit of an illusion. American has exceptional opportunity because of our geographic gifts. Through much of history, we’ve also had quite strong institutions. Especially since the 1970s, there’s been a movement in America to undermine the strength of those institutions, and that movement is now thrashing those institutions. What is an institution? It’s important to note that what Wolfers and I mean by institution is not just a department or organization, but one that is founded in law or longstanding practice, and that it serves a public purpose. I know American institutions have been made out to be mysterious, conspiratorial, elite, or impersonal–but that last description–...