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Re:List of statutory minimum employment leave by country by _delirium on Sunday October 03, 2010 @10:38PM (#1754383)
Yeah, I do think there are not many Hamiltonian libertarians. But there seems to be a subset that, at least as a matter of tactics, and perhaps even long-term strategy, sees federal constitutional rights being enforced against the states as a major way of advancing libertarian ideas, which cuts somewhat against a more conservative "states' rights" sort of view. And some are willing to do so even when as a matter of textualism or originalism it's a bit of a stretch. Hence folks like Randy Barnett and David Bernstein advocate a revival of Lochner to preempt state employment regulations, despite the fact that many other libertarians think that "substantive due process" is a huge federal power-grab.

I suppose some other areas are less controversial, e.g. even most pro-decentralization libertarians are perfectly happy for courts to rule that the Second Amendment preempts state and local firearms laws, or that the First Amendment throws out state blasphemy laws.

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