... "Americans seem easily to forget that individual rights and freedoms depend fundamentally on vigorous state action," Holmes and Sunstein write. "Without effective government, American citizens would not be able to enjoy their private property in the way they do. Indeed, they would enjoy few or none of their constitutionally guaranteed individual rights. Personal liberty, as Americans value and experience it, presupposes social cooperation managed by government officials. The private realm we rightly prize is sustained, indeed created, by public action." Holmes and Sunstein are not Marxists. They vigorously defend property rights and the value of a society that "encourages...