Libertarian law professor Richard Epstein latest weekly column defends the Constitution against a University of Texas law professor, Sanford Levinson, who called it "imbecilic." Writes Professor Epstein:
At the federal level, I have stressed over and over again that long-term tax policy should abandon progressive taxation in favor of a simpler and more stable flat tax as the sole source of revenue; the estate tax be damned. Yet, right now, every important tax rate is prey to political manipulation. Similarly, the weak protections afforded to private property and private contract allow all levels of government to use their powers of taxation and regulation to undermine private businesses for no long-term public advantage.
...unless we once again find the middle ground between too much and too little government power, we will continue to suffer as a nation, whether or not we continue to operate under what remains of the federal Constitution. The original Constitution was not imbecilic. On many questions, it reflects a level of wisdom that has unfortunately been lost today.
