A Future Justice Kavanaugh and Executive Privilege

July 3, 2018 Government / History 0

If a prosecutor one day decided to indict President Donald Trump, a future Justice Brett Kavanaugh might not be the one to stop it. Media reports, like this one over ...

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A Problematic Decision: Ruth Bader Ginsburg’s Failure to Recuse Herself in the Travel Ban Case

July 3, 2018 Government 0

The travel ban has now been approved by a majority of the Supreme Court. While that puts to rest – at least for the time being – the constitutionality of ...

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The Founders on Federal Enforcement

July 2, 2018 Constitution / Government 0

Some people believe that all branches of the federal government should fully enforce all federal laws until they’re overturned by a court or repealed by Congress. But the Founders disagreed. ...

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Federal Wrecking Ball Destroying American Healthcare System

July 2, 2018 Government 0

It’s not just Obamacare that’s the problem. Now federal regulations are interfering in the direct primary care market too. The federal government is a giant wrecking ball destroying the American ...

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Anti-Commandeering: An overview of five major Supreme Court cases

May 29, 2018 Constitution / Government 2

The Supreme Court has long held that states do not have to actively participate in the enforcement or effectuation of federal acts or regulatory programs. James Madison’s advice for resisting ...

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The NSA Continues to Abuse Americans with a 300% Increase in Data Intercepted and Stored

May 17, 2018 Constitution / Government 2

One of the few positive things in the ill-named USA FREEDOM Act, enacted in 2015 after the Snowden revelations on NSA domestic spying, is that it required the Director of ...

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Supreme Court’s Sports Gambling Opinion is a Rare and Major Win for the Tenth Amendment

May 17, 2018 Constitution / Government 0

Earlier today, the Supreme Court issued its decision in Murphy v. NCAA. The Court’s opinion was rare in that it not only struck down a federal law that infringed on ...

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The Proof is in the Pudding: State and Local Action Drives Change in D.C.

May 15, 2018 Constitution / Government 3

I frequently say “Washington D.C. will never fix America’s problems. Washington D.C. is America’s problem!” People often take that to mean I don’t think we can fix America’s problems. That’s ...

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We the Bureaucrats

March 21, 2018 Government 0

Every year, the Harvard Law Review invites a well known scholar to write the Foreword, which generally involves an important matter of constitutional law. Writing the Foreword is one of ...

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