StephanKinsella.com

[Cross-post at PFS]

I’ve been listening to Yale law professor Akhil Reed Amar’s podcast, Amarica’s Constitution, on and off for a while, even though he’s mainstream and somewhat liberal. But unlike most of the legal academy, not reflexively centralist. (See his America’s Unwritten Constitution: The Precedents and Principles We Live By (Basic Books, 2012).) ¹

Related:

• Structural Safeguards to Limit Legislation and State Power
• Constitutional Structures in Defense of Freedom (ASC 1998)
• Randy Barnett’s “Federalism Amendment”–A Counterproposal; and related posts
• Concurrent Review and Judicial Supremacy
• How to Fix the US
• KOL345 | Kinsella’s Libertarian “Constitution” or: State Constitutions vs. the Libertarian Private Law Code (PorcFest 2021)
• PFP231 | Stephan Kinsella, State Constitutions vs. the Libertarian Private Law Code (PFS 2021)
• Godwyn: “The Jury’s Ancient Power: Why Every Englishman Should Know About Jury Nullification”

His recent episode, “The Innocent Ham Sandwich” (Amarica’s Constitution, Oct. 28, 2026, with co-host Andy Lipka) has a couple of ideas of interest to libertarian decentralists: one on jury nullification (one important limit on state power), the other on State nullification of federal law (another important vertical limit on central US fedgov state power; one that libertarian centralists seem not to be that interested in). ² [continue reading…]

1. N.b.: I have used AI in the past (mostly Grok) to summarize and other mechanical tasks, but am reluctant to use it for writing. Finding newer emerging capabilities in Claude, I used it to help with finding and citing references and writing a first draft. I rewrote it all so it did not save time really but it did result in a more detailed post that would have taken more time had I done it without AI help. Interesting. [↩]
2. On libertarian centralists, see Stephan Kinsella, “Libertarian Centralists,” StephanKinsella.com (Sept. 17, 2009); idem, “The Libertarian Case Against the Fourteenth Amendment,” StephanKinsella.com (Nov. 30, 2009); idem, “Healy on States’ Rights and Libertarian Centralists; Healy versus Bolick and the Institute for Justice,” StephanKinsella.com (Dec. 1, 2009); idem, “Michael Boldin on Randy Barnett and Federalism,” StephanKinsella.com (Dec. 17, 2009); and other posts tagged libertarian centralists. [↩]

[Cross-posted at PFS]

As of October 19, 2026, I have been named a Senior Fellow of the Mises Institute Scandinavia (MisesInstitutet skandivaniven) (perma.cc).

Related

• Kinsella, “My Years with the Mises Institute,” Property and Freedom Journal (May 2, 2026), sections Honors, Invitations, and Senior Fellowship and Kinsella Out
• Kinsella, Senior Fellow of the Ludwig von Mises Institute (2009–2013); http://mises.org/faculty.aspx (archived page from 2011)
• Hoppe, “Mises Institute: Quo Vadis?”, Property and Freedom Journal (March 25, 2026)
• Hoppe Removed as Mises Institute Senior Distinguished Fellow
• Hans-Herman Hoppe, former Distinguished Senior Fellow (~2000–2026) with the Ludwig von Mises Institute
• Hoppe, Distinguished Eternal Fellow (Rothbard Brasil, 2026)
• Hoppe, Resignation from the Scientific Advisory Board of the Ludwig von Mises Institute Germany

My (quite lengthy) post Romanian Libertarian (În Dodii) Discussions of The Legal Foundations of a Free Society: Analysis and Summaries contains Summaries of an extensive podcast series by a Romanian libertarian podcast, În Dodii, discussing my “Legislation and the Discovery of Law in a Free Society,” in Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023). The series contains 16 episodes, from episode #306–#321 (Youtube Playlist).

The transcripts, translated by Claude, are below (pdf; .docx). They are voluminous so I have not had time to review any of this. Text below (pdf; .docx). [continue reading…]

I recently posted, in Legislation, Predictability, and the Rule of Law: A Romanian Discussion of LFFS Ch. 13, about a Romanian libertarian podcast, În Dodii, Episode #318, discussing my “Legislation and the Discovery of Law in a Free Society,” in Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023). This is part of a longer series discussing my book containing 16 episodes, from episode #306–#321 (Youtube Playlist).

It took some work to have Episode #318 translated and analyzed by Grok. Too much effort o do them all, I figured. But I decided to let Claude take a crack at it. It produced translations and a summary of all 16 episodes. I post the summary and analysis below, and the translated transcripts separately (Romanian Libertarian (În Dodii) Discussions of The Legal Foundations of a Free Society: Transcripts). It is voluminous so I have not had time to review any of this, so any errors–blame Claude. Text below (pdf; .docx). [continue reading…]

Lots of handwringing in the libersphere of late in response to Hoppe’s recent remarks on Israel and the Holocaust in his recent PFS speech at PFP359 | Hans-Hermann Hoppe, Learning and Revising History: Rothbardian Lessons (PFS 2026). See also Hoppe, Book Review, The Failure of America’s Foreign Wars (1996); and Day of the Long Knives (FEE).

Hoppe: The Libertarian God that Failed | Yaron & Nikos Dialogues https://t.co/famXIF4luw

— Yaron Brook (@yaronbrook) October 28, 2026

What an evil bastard.

— Yaron Brook (@yaronbrook) October 27, 2026

Summary and transcript below. [continue reading…]

Update: I decided to see if Claude could analyze the entire series; see Romanian Libertarian (În Dodii) Discussions of The Legal Foundations of a Free Society: Analysis and Summaries and transcripts (Romanian Libertarian (În Dodii) Discussions of The Legal Foundations of a Free Society: Transcripts).

***

This is a Romanian libertarian podcast, În Dodii, Episode #318 | The Legal Foundations of a Free Society – S. Kinsella – Legislation or Law Discovery pt. 1, discussing my “Legislation and the Discovery of Law in a Free Society,” in Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023). This is part of a longer series discussing my book containing about 16 episodes, from episode #306–#321 (Youtube Playlist).

Episode #318 includes host Munteanu and regulars Costel Stăvarache, Mari Berceanu, and Alex Chiriac. The podcast discusses freedom, private property, the non-aggression principle, and free markets in a relaxed, rambling way..

Summary

In this episode of their Romanian-language podcast, host Munteanu and regulars Costel Stăvarache, Mari Berceanu and Alex Chiriac continue their series on Legal Foundations of a Free Society with Chapter 13, “Legislation and the Discovery of Law in a Free Society.” The discussion centres on the chapter’s main claim: law discovered in a decentralized way, as in customary law, common law and early Roman law, fits libertarian principles, while centralized legislation does not, both because of its content and because the method of lawmaking by decree is itself at odds with liberty. Drawing on Leoni, Hayek, Rothbard and Hoppe, the panel explores why predictability and the rule of law matter. They also argue over whether a law can be predictable and still unjust, debate gradualism versus immediate abolition, and ask whether a libertarian majority dismantling the state would be “imposing” on others. Along the way they show how unstable legislation raises time preference and erodes respect for law. Their examples come mostly from Romania: shifting tax rules, arbitrary tax inspectors, emergency ordinances and self-serving officials. The episode’s central image is a tap. A legislature exists to make laws and will keep making them, and anyone who turns it off can be followed by someone who turns it back on. So the answer is not better oversight of lawmakers but having no tap at all, with law left to decentralized courts and libertarian ideas spread through education rather than legislation. [continue reading…]

So my niece asked me to sponsor her daughter’s cheerleading team in Ascension Parish, for the Lake Elementary School Cheerleading Squad upcoming 2026–2027 season. I went ahead and did the Gold Sponsorship. So they will be displaying the Property and Freedom Society Podcast and logo on the team sign and on the team sponsor shirt. nb @propfreedom
Now this is how you make new libertarians, people! Activism!! FYMNR!

Gotta help them gals out, shah!

https://t.co/sShQBqXoCM

2026-2027 Lake Cheer Sponsorship Form

Dear Potential Sponsor,

The Lake Elementary School Cheerleading Squad is currently raising funds for our upcoming 2026–2027 season. Cheerleading can be costly, and many of the expenses fall directly on the families of our athletes. We are reaching out to local businesses and individual supporters to help make this season possible. Any donation—large or small—will help support the team and offset the costs associated with our activities.

The Lake Elementary Cheerleaders proudly represent our school at numerous events throughout the year, including football and boys’ and girls’ basketball games, as well as other school sporting events. The team also participates in clinics that promote safety and proper cheer techniques. In addition, our cheerleaders play an active role in school assemblies and events while maintaining high academic standards as student-athletes.

Beyond supporting our school, the squad competes at both State and Regional competitions with the goal of earning a bid to the UCA Nationals in Orlando, Florida. Over the past five years at UCA Nationals, our team has achieved remarkable success, including two 4th-place finishes and an 8th-place finish. In 2025, our cheerleaders made school history by winning their first National Championship. They continued that success during the 2025–2026 season by becoming back-to-back National Champions.

We are excited to build on this momentum and strive for continued excellence in the upcoming 2026–2027 season. Our program is dedicated to inspiring young women to be outstanding student-athletes—demonstrating leadership, discipline, and pride both in the classroom and on the competition mat.

Thank you for considering supporting the Lake Elementary Cheerleading Squad. Your generosity helps our athletes continue to grow, compete, and represent our school with pride.

Sincerely,
Lake Elementary Cheerleading Squad

BRONZE SPONSOR – $100 – $249

Your business name on our team sponsor shirt.

A personal Thank-You Card from our team.
SILVER SPONSOR – $250 – $499

Your business name on our team sign. The sign will be displayed at all Lake Elementary home sporting events or in front of the school.

Your business name on our team sponsor shirt.
A personal Thank-You Card from our team.
GOLD SPONSOR – $500+

Your business name and logo on our team sign. The sign will be displayed at all Lake Elementary home sporting events or in front of the school.

Individual thank you social media post with logo.
Your business name on our team sponsor shirt.
A personal Thank-You Card from our team.
Please consider donating to the Lake Elementary School Cheerleading Squad. We look forward to representing Louisiana and the communities of Ascension Parish!

If you have any questions feel free to contact:

Lake Cheer: [email protected]

Sincerely,

Your Lake Elementary School Cheerleading Squad

LAKE ELEMENTARY SCHOOL

TAX ID#: 72-6000093

— Stephan Kinsella (@NSKinsella) March 19, 2026

FYMNR! https://t.co/zlxxY87193

— Stephan Kinsella (@NSKinsella) March 23, 2026

It is done https://t.co/NKfDFcT4fx

— Stephan Kinsella (@NSKinsella) October 22, 2026

Fascinating lecture:

Friday Lecture: ‘Adjudicating over Anarchy: Judicial Remedies, Compliance and Enforcement in International Law’ – Prof Geraldo Vidigal, University of Amsterdam Without the ability to mobilise coercive measures, international adjudicators must rely on their authority to influence real-world outcomes. This lecture considers the origin and conceivable uses of the authority of international adjudicators. International courts’ influence relies on their ability to mobilise, through mere authoritative communications, the different internal and external forces that shape state behaviour, influencing the views of individuals within states and shaping mutual expectations of cooperative and sanction-worthy behaviour. For this, international courts have at their disposal a variety of communicative instruments: their judicial remedies. Though all judicial remedies are, at their core, modalities of interpretation and application of norms, their varied focuses allow adjudicators to calibrate the exercise of their authority. The lecture develops on concepts outlined in Dr. Vidigal’s 2026 monograph, Adjudicating over Anarchy: Judicial Remedies, Compliance, and Enforcement in International Law (Cambridge University Press). The book establishes a fourfold typology of international judicial remedies – Mere Adjudication, Declaration of Breach, Consequential Duties, and Permissible Responses – each targeting a specific element of the international normative framework. Through different remedies, adjudicators interpret the normative framework, establish violations, and determine conduct required to restore lawful relations. The fourth category of remedies, often left untapped, encompasses judicial determinations of permissible responses to breach: what measures other actors may take to respond to violations, compelling wrongdoers to comply with their obligations and provide redress for injury. If fully explored, this fourth category might reshape the prevailing understanding of the relationship between international adjudication and coercive enforcement.

Geraldo Vidigal is Associate Professor at the University of Amsterdam, where he coordinates the LL.M. in International Trade and Investment Law. He is Editor-in-Chief of Legal Issues of Economic Integration, sits on the Editorial Boards of the Journal of International Economic Law and the Latin American and Caribbean Journal of International Law, and is a member of the Executive Council of the Society of International Economic Law. He holds a PhD in Law (University of Cambridge), a Master’s in International Law and International Organisations (Sorbonne – Paris 1), and a Bachelor’s in Law (University of São Paulo). He has been a Senior Research Fellow at the Max Planck Institute in Luxembourg, and a Jean Monnet Fellow at the European University Institute, and a Dispute Settlement Lawyer at the World Trade Organization. Besides Adjudicating over Anarchy, he is co-editor (with Kathleen Claussen) of The Sustainability Revolution in International Trade Agreements (Oxford University Press, 2024).

[continue reading…]

Kinsella on Liberty Podcast: Episode 504. Cross-posted at PFS.

My appearance on Bitcoin Infinity #225, With Knut Svanholm.

Shownotes:

Stephan Kinsella joins the Bitcoin Infinity Show to talk about why you can’t legally own Bitcoin, what the difference between ownership and possession means for self-custody, and whether the July 2026 Coldcard hack was really theft. Knut and Stephan dig into Austrian economics, libertarian contract theory, why fractional reserve banking is harder on a Bitcoin standard, and how Bitcoin could limit the state’s ability to borrow and tax. They also look back at the Property and Freedom Society’s 20th anniversary in Bodrum, Murray Rothbard’s centennial, Hans-Hermann Hoppe’s split with the Mises Institute, and their Austrian economics panel at BTC HEL in Helsinki. [continue reading…]

Podcast (kinsella-on-liberty): Play in new window | Download (123.8MB)

Blast from the past: from The Libertarian Standard, our old defunct group blog. But see:

• Lew Rockwell Festschrift in the Works—Sans Hoppe, French, Deist, DiLorenzo …
• Stephan Kinsella, “My Years with the Mises Institute,” Property and Freedom Journal (May 2, 2026)
• Hans-Hermann Hoppe, “Mises Institute: Quo Vadis?: Postscript,” Property and Freedom Journal (April 17, 2026)
• Hans-Hermann Hoppe, “Mises Institute: Quo Vadis?”, Property and Freedom Journal (March 25, 2026)

FYHHH! FYMNR!

***

FYLR!

By Brian Martinez / December 11, 2010

It started out as an in-joke among us here at TLS; now it’s set to become part of Internet lore, as ubiquitous on Web forums as LOL and “all your base are belong to us” jokes: FYLR!

Initialism for “FUCK YEAH LEW ROCKWELL!”

An exclamation of delight at some wondrous gift bestowed upon the world by the magic of the free market, or triumph at the erosion of some bullshit government department or program, in the form of a winking, semi-serious attribution to the ongoing efforts of heroic libertarian educator and advocate Lew Rockwell.

Alternatively, an informal pseudonym to be used when making adoring reference to Lew.

More generally, an exclamation in celebration of any occasion of total overwhelming pwnage, such as Lew consistently delivers.

Properly used with exclamation point, no matter where found in a sentence.

FYLR! is gonna be interviewed on Colbert next week, FYLR!!!!!

We’ll know this meme has truly arrived when it merits its own entry on Encyclopedia Dramatica (NSFW).  In the meantime, say it with us: FYLR!

From my tweet:

That said, the question of Brexit it seems to me is a different one. I was leery of Brexit because one thing I like about being in the US is any young person in any state has the whole country open to him–to move to to work—and this was what a young British person had with the EU. He could move to and work in Spain or France or Amsterdam whatever if he wanted to. Sort of like in the US. So if I was a young person in Britain I would have opposed Brexit. Yes, yes, despite all the problems with centralization and Brussells.

That said, the question of Brexit it seems to me is a different one. I was leery of Brexit because one thing I like about being in the US is any young person in any state has the whole country open to him–to move to to work—and this was what a young British person had with the EU. He could move to and work in Spain or France or Amsterdam whatever if he wanted to. Sort of like in the US. So if I was a young person in Britain I would have opposed Brexit. Yes, yes, despite all the problems with centralization and Brussells.
nb @GabbSean

— Stephan Kinsella (@NSKinsella) October 17, 2026

Posted at Rothbard: The Current State of World Affairs, Texas State Libertarian Conference (Austin, 1989). [continue reading…]