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Sunstein has argued that “we should celebrate tax day.” He appears to claim that the very concepts of property and society are based on government and taxes:
In what sense is the money in our pockets and bank accounts fully ‘ours’? Did we earn it by our own autonomous efforts? Could we have inherited it without the assistance of probate courts? Do we save it without the support of bank regulators? Could we spend it if there were no public officials to coordinate the efforts and pool the resources of the community in which we live?... Without taxes there would be no liberty. Without taxes there would be no property. Without taxes, few of us would have any assets worth defending. [It is] a dim fiction that some people enjoy and exercise their rights without placing any burden whatsoever on the public fisc. … There is no liberty without dependency.
In his book Democracy and the Problem of Free Speech Sunstein says there is a need to reformulate First Amendment law. He thinks that the current formulation, based on Justice Holmes' conception of free speech as a marketplace “disserves the aspirations of those who wrote America’s founding document.” The purpose of this reformulation would be to “reinvigorate processes of democratic deliberation, by ensuring greater attention to public issues and greater diversity of views.” He is concerned by the present “situation in which like-minded people speak or listen mostly to one another,” and thinks that in “light of astonishing economic and technological changes, we must doubt whether, as interpreted, the constitutional guarantee of free speech is adequately serving democratic goals.” He proposes a “New Deal for speech [that] would draw on Justice Brandeis' insistence on the role of free speech in promoting political deliberation and citizenship.”
Obama Regulation Czar Advocated Removing People’s Organs Without Explicit Consent
Cass Sunstein speaking at Harvard Law School. (Photo: Matthew W. Hutchins, Harvard Law Record.) (CNSNews.com) – Cass Sunstein, President Barack Obama’s nominee to head the Office of Information and Regulatory Affairs (OIRA), has advocated a policy under which the government would “presume” someone has consented to having his or her organs removed for transplantation into someone else when they die unless that person has explicitly indicated that his or her organs should not be taken.
Under such a policy, hospitals would harvest organs from people who never gave permission for this to be done.
Outlined in the 2008 book “Nudge: Improving Decisions About Health, Wealth, and Happiness,” Sunstein and co-author Richard H. Thaler argued that the main reason that more people do not donate their organs is because they are required to choose donation.