Over at the Liberty Law Blog, I have post on how one should define optimal laws when not all of the people in one's nation have different evaluations of those laws. Here is an excerpt:
To generalize the point, there are two sets of considerations that one should attend to in designing optimal institutions. First, one should consider whether the institutions actually produce liberty and wealth. Second, one should consider how much support they enjoy from the people who they govern. While classical liberal institutions will, in my opinion, be the best under the first consideration, that will not be the case under the second consideration if a significant percentage of the public are not classical liberals.
This argument is used in my new book with John McGinnis to argue that a supermajoritarian enacted Constitution is likely to be a good one.
Posted at 8:00 AM