Roger Pilon
Encyclopedia
Roger Pilon is Vice President for Legal Affairs for the Cato Institute
, and an American
libertarian
legal theorist
. In particular, he has developed a libertarian version of the rights theory of his teacher, noted philosopher Alan Gewirth
. These views are discussed in discourse ethics
.
and a masters and doctorate, both from the University of Chicago
. He also earned a law degree at the George Washington University
.
. He also frequently appears on television shows and testifies before Congress. In addition, Pilon held five senior posts in the administration of Ronald Reagan
.
He is married to Juliana Geran Pilon
.
's view of natural rights. An example of this is the use of contraceptives. Pilon reasons that since people using contraceptives (see Griswold v. Connecticut
) were not violating anyone's rights, the state had no authority to regulate such activity. However Pilon believes abortion is not a constitutionally protected right. He reasons that everyone - he hopes - would agree that killing a baby one day after it is born is murder. Then what is the difference between one day after and one day before? The answer is there is no principle difference. Then what about 2 months before or 3? This sort of line drawing, Pilon reasons, is meant to be left to the political branches.
Pilon believes that Congress should be kept within its enumerated powers. He believes the U.S. Supreme Court has failed to limit Congress with the so-called spending power and the commerce power. He refers to it as the "so-called spending power" because nowhere in the Constitution is it an independent power. Therefore, Congress can only spend money to further its otherwise enumerated powers. One of those powers is the power to regulate commerce among the states, nations, and Indian tribes. Pilon believes that the court was incorrect in Wickard to assert that Congress can regulate activity that, aggregated together, has a substantial effect on interstate commerce. Pilon reasons that everything has some effect on commerce; therefore, the court's reasoning essentially makes Congress' power unlimited. He does state, however, that United States v. Lopez
did fix this problem to a small degree, but then again, Gonzales v. Raich
weakened that decision.
Cato Institute
The Cato Institute is a libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Edward H. Crane, who remains president and CEO, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries, Inc., the largest privately held...
, and an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
libertarian
Libertarianism
Libertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...
legal theorist
Libertarian theories of law
Libertarian theories of law build upon classical liberal and individualist anarchist doctrines.The defining characteristics of libertarian legal theory are its insistence that the amount of government intervention should be kept to a minimum and the primary functions of law should be enforcement of...
. In particular, he has developed a libertarian version of the rights theory of his teacher, noted philosopher Alan Gewirth
Alan Gewirth
Alan Gewirth was an American philosopher, a professor of philosophy at the University of Chicago, and author of Reason and Morality, , Human Rights: Essays on Justification and Applications , The Community of Rights , Self-Fulfillment , and numerous other writings in moral philosophy and political...
. These views are discussed in discourse ethics
Discourse ethics
Discourse ethics, sometimes called argumentation ethics, refers to a type of argument that attempts to establish normative or ethical truths by examining the presuppositions of discourse.-Habermas and Apel:...
.
Education
Roger Pilon has three philosophy degrees: a bachelor's degree from Columbia UniversityColumbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
and a masters and doctorate, both from the University of Chicago
University of Chicago
The University of Chicago is a private research university in Chicago, Illinois, USA. It was founded by the American Baptist Education Society with a donation from oil magnate and philanthropist John D. Rockefeller and incorporated in 1890...
. He also earned a law degree at the George Washington University
George Washington University
The George Washington University is a private, coeducational comprehensive university located in Washington, D.C. in the United States...
.
General background
Pilon is the publisher of the Cato Supreme Court Review. His writing has appeared in such newspapers as the New York Times, the Washington Post, the Wall Street Journal, and the Los Angeles TimesLos Angeles Times
The Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....
. He also frequently appears on television shows and testifies before Congress. In addition, Pilon held five senior posts in the administration of Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
.
He is married to Juliana Geran Pilon
Juliana Geran Pilon
Juliana Geran Pilon is a Romanian-born American political scientist and writer. She is a Professor of Politics and Culture and Director of the Center for Culture and Security at the Institute of World Politics in Washington, D.C.-Biography:...
.
Interpretation of the U.S. Constitution
Pilon believes that the government only has power to regulate conduct that violates other people's rights. This view is in the tradition of John LockeJohn Locke
John Locke FRS , widely known as the Father of Liberalism, was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social...
's view of natural rights. An example of this is the use of contraceptives. Pilon reasons that since people using contraceptives (see Griswold v. Connecticut
Griswold v. Connecticut
Griswold v. Connecticut, , was a landmark case in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives...
) were not violating anyone's rights, the state had no authority to regulate such activity. However Pilon believes abortion is not a constitutionally protected right. He reasons that everyone - he hopes - would agree that killing a baby one day after it is born is murder. Then what is the difference between one day after and one day before? The answer is there is no principle difference. Then what about 2 months before or 3? This sort of line drawing, Pilon reasons, is meant to be left to the political branches.
Pilon believes that Congress should be kept within its enumerated powers. He believes the U.S. Supreme Court has failed to limit Congress with the so-called spending power and the commerce power. He refers to it as the "so-called spending power" because nowhere in the Constitution is it an independent power. Therefore, Congress can only spend money to further its otherwise enumerated powers. One of those powers is the power to regulate commerce among the states, nations, and Indian tribes. Pilon believes that the court was incorrect in Wickard to assert that Congress can regulate activity that, aggregated together, has a substantial effect on interstate commerce. Pilon reasons that everything has some effect on commerce; therefore, the court's reasoning essentially makes Congress' power unlimited. He does state, however, that United States v. Lopez
United States v. Lopez
United States v. Alfonso Lopez, Jr., was the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution.-Background:...
did fix this problem to a small degree, but then again, Gonzales v. Raich
Gonzales v. Raich
Gonzales v. Raich , 545 U.S. 1 , was a decision by the United States Supreme Court ruling that under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal...
weakened that decision.
Works
- Roger Pilon, A Theory of Rights: Toward Limited Government (unpublished Ph.D. dissertation, University of Chicago, 1979).
- Alan Gewirth, Reason and Morality (Chicago: University of Chicago Press, 1978)
- Alan Gewirth, "The Basis and Content of Human Rights," Georgia Law Review 13 (1979): 1148)