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Rule of Law

Our Research & Offerings on Rule of Law
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  • Reports
  • Blog Posts
  • Testimony posted February 10, 2012 by Andrew Grossman Use and Abuse of Consent Decrees in Federal Rulemaking

    Testimony before the Subcommittee on the Courts, Commercial and Administrative Law, Committee on the Judiciary, United States… Read more

  • Factsheet on February 8, 2012 Nullification: Unlawful and Unconstitutional

    Nullification Is Unconstitutional The Nullification Temptation: In order to challenge the federal government’s unconstitutional actions, states… Read more

  • Legal Memorandum posted January 9, 2012 by Paul Larkin When Fighting Crime Becomes Piling On: The Overcriminalization of Fraud

    Abstract: Are maple syrup felons sufficiently heinous that they should be imprisoned for perhaps as long as 45 years? Some members of the U.S. Senate seem to believe the answer is yes: How else to explain the provisions of the Maple Agriculture Protection and… Read more

  • Attorney Damien Schiff on Sackett v. EPA: Scribecast, the Podcast of the Center for Media and Public Policy Audio Recorded on January 6, 2012 Attorney Damien Schiff on Sackett v. EPA: Scribecast, the Podcast of the Center for Media and Public Policy

    On this week’s Scribecast, Rob Bluey and Lachlan Markay interview Pacific Legal Foundation attorney Damien Schiff, who will argue a case on behalf of Mike and Chantell Sackett at the U.S. Supreme Court. Schiff discusses the facts behind Sackett v. EPA and why the federal… Read more

  • Testimony posted December 14, 2011 by Andrew Grossman Judicial Reliance on Foreign Law

    Testimony before the Subcommittee on the Constitution,Committee on the Judiciary,United States House of Representatives December 14, 2011 My name is Andrew Grossman. I am a Visiting Legal Fellow in the Center for Legal and Judicial Studies at The Heritage Foundation. The views I express in this testimony are… Read more

  • Legal Memorandum posted December 13, 2011 by Paul Larkin Overcriminalization: The Legislative Side of the Problem

    Abstract: The past 75 years in America have witnessed an avalanche of new criminal laws, the result of which is a problem known as “overcriminalization.” This phenomenon is likely to lead to a variety of problems for a public trying to comply with the law in good faith. While many… Read more

  • WebMemo posted December 1, 2011 by James Gattuso The Regulatory Accountability Act: A Step Toward Reform

    This week, the House of Representatives is expected to vote on legislation to reform the way federal regulations are made. The Regulatory Accountability Act (RAA), sponsored by Representative Lamar Smith (R–TX), would require all federal agencies to examine more thoroughly proposed rules before they are adopted while increasing the ability… Read more

  • Legal Memorandum posted November 22, 2011 by Hans von Spakovsky, Charles Stimson Providing In-State Tuition for Illegal Aliens: A Violation of Federal Law

    Federal law prohibits state colleges and universities from providing in-state tuition rates to illegal aliens “on the basis of residence within the State”—unless the same in-state rates are offered to all citizens of the United States. Today, 12 states are circumventing this federal law,… Read more

  • Play Movie James Carafano on New Deportation Rules on FNC Video Recorded on November 19, 2011 James Carafano on New Deportation Rules on FNC

    James Carafano discusses deportation rules. … Read more

  • Commentary posted October 29, 2011 by Hans von Spakovsky Cooking the Military Voting Books

    It's become a common tactic for President Obama and his appointees: When the data shows how inept you are or how dangerous your policies are, cook the books and create new data. They did it with the stimulus package, Obamacare and the debt ceiling. Now they're… Read more

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  • Legal Memorandum posted November 22, 2011 by Hans von Spakovsky, Charles Stimson Providing In-State Tuition for Illegal Aliens: A Violation of Federal Law

    Federal law prohibits state colleges and universities from providing in-state tuition rates to illegal aliens “on the basis of residence within the State”—unless the same in-state rates are offered to all citizens of the United States. Today, 12 states are circumventing this federal law,… Read more

  • Legal Memorandum posted October 1, 2010 by Hans von Spakovsky The Arizona Immigration Law: Racial Discrimination Prohibited

    Abstract: Why has the Obama Administration, as part of its lawsuit against the Arizona statute that attempts to help enforce national immigration laws, not claimed that the state law requires or allows illegal racial profiling? The answer is surprisingly simple: Arizona state law actually… Read more

  • Legal Memorandum posted January 9, 2012 by Paul Larkin When Fighting Crime Becomes Piling On: The Overcriminalization of Fraud

    Abstract: Are maple syrup felons sufficiently heinous that they should be imprisoned for perhaps as long as 45 years? Some members of the U.S. Senate seem to believe the answer is yes: How else to explain the provisions of the Maple Agriculture Protection and… Read more

  • WebMemo posted February 10, 2011 by Jena Baker McNeill The PATRIOT Act and the Constitution: Five Key Points

    Currently, two of the PATRIOT Act’s key provisions are up for reauthorization by Congress. As the deadline draws nearer, it is important to re-engage on the importance of the PATRIOT Act and explain how the law helps authorities to track down terror leads and dismantle plots before the public is… Read more

  • Factsheet on April 27, 2011 Overcriminalization: An Explosion of Federal Criminal Law

    Too Many Laws, Too Little Oversight Too Many New Laws: Federal criminal law has… Read more

  • Legal Memorandum posted July 12, 2011 by Charles Stimson, Maya Noronha Get SMART: Complying with Federal Sex Offender Registration Standards

    Abstract: Just before Christmas 2009, 11-year-old Sarah Haley Foxwell was brutally raped and murdered by a convicted high-risk sex offender, Thomas J. Leggs. Although Leggs was classified as a high-risk offender in Delaware, because of inconsistencies in sex offender classification between states, Maryland identified… Read more

  • WebMemo posted July 19, 2005 by John McGinnis Advice and Consent: What the Constitution Says

    Editor's Note: Between various presidential nominations now bottled up in the U.S. Senate, and now the intense focus on a nomination to the United States Supreme Court, there have been numerous musings about presidential nominations, the advice and consent of the Senate, and the appointment of judges of the Supreme Court and other officers of the… Read more

  • WebMemo posted June 30, 2011 by Brian Walsh The Supreme Court’s Willful Blindness Doctrine Opens the Door to More Wrongful Criminal Convictions

    Willful blindness is not knowledge; and judges should not broaden a legislative proscription by analogy. —Justice Anthony Kennedy, May 31, 2011[1] A recent decision of the Supreme Court of the United States in a patent lawsuit may, somewhat surprisingly,… Read more

  • WebMemo posted December 1, 2011 by James Gattuso The Regulatory Accountability Act: A Step Toward Reform

    This week, the House of Representatives is expected to vote on legislation to reform the way federal regulations are made. The Regulatory Accountability Act (RAA), sponsored by Representative Lamar Smith (R–TX), would require all federal agencies to examine more thoroughly proposed rules before they are adopted while increasing the ability… Read more

  • Commentary posted June 9, 2011 by Brian Walsh Doing Violence to the Law: The Over-Federalization of Crime

    The rapid expansion of federal criminal law, beyond almost all prudential and constitutional limits, may not be the first thing to leap to mind when one thinks of key problems with American criminal law. But the existence now of over 4,450 federal criminal offenses is itself a problem that implicates… Read more

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  • Legal Memorandum posted January 9, 2012 by Paul Larkin When Fighting Crime Becomes Piling On: The Overcriminalization of Fraud

    Abstract: Are maple syrup felons sufficiently heinous that they should be imprisoned for perhaps as long as 45 years? Some members of the U.S. Senate seem to believe the answer is yes: How else to explain the provisions of the Maple Agriculture Protection and… Read more

  • Legal Memorandum posted December 13, 2011 by Paul Larkin Overcriminalization: The Legislative Side of the Problem

    Abstract: The past 75 years in America have witnessed an avalanche of new criminal laws, the result of which is a problem known as “overcriminalization.” This phenomenon is likely to lead to a variety of problems for a public trying to comply with the law in good faith. While many… Read more

  • WebMemo posted December 1, 2011 by James Gattuso The Regulatory Accountability Act: A Step Toward Reform

    This week, the House of Representatives is expected to vote on legislation to reform the way federal regulations are made. The Regulatory Accountability Act (RAA), sponsored by Representative Lamar Smith (R–TX), would require all federal agencies to examine more thoroughly proposed rules before they are adopted while increasing the ability… Read more

  • Legal Memorandum posted November 22, 2011 by Hans von Spakovsky, Charles Stimson Providing In-State Tuition for Illegal Aliens: A Violation of Federal Law

    Federal law prohibits state colleges and universities from providing in-state tuition rates to illegal aliens “on the basis of residence within the State”—unless the same in-state rates are offered to all citizens of the United States. Today, 12 states are circumventing this federal law,… Read more

  • Backgrounder posted July 25, 2011 by Gary Lawson Reviving Formal Rulemaking: Openness and Accountability for Obamacare

    Abstract: The Patient Protection and Affordable Care Act (PPACA) is not so much a set of norms to regulate conduct as an authorization to administrators to produce norms to regulate conduct. Implementation of the Act will require many years and literally thousands of administrative… Read more

  • Legal Memorandum posted July 12, 2011 by Charles Stimson, Maya Noronha Get SMART: Complying with Federal Sex Offender Registration Standards

    Abstract: Just before Christmas 2009, 11-year-old Sarah Haley Foxwell was brutally raped and murdered by a convicted high-risk sex offender, Thomas J. Leggs. Although Leggs was classified as a high-risk offender in Delaware, because of inconsistencies in sex offender classification between states, Maryland identified… Read more

  • First Principles Series Report posted July 5, 2011 by Johnathan O'Neill The First Conservatives: The Constitutional Challenge to Progressivism

    Abstract: Although it is readily apparent that conservatism is united in its principled hostility to modern Progressive Liberalism, it is often more difficult to pin down just what the movement stands for. Johnathan O’Neill suggests that a focus… Read more

  • WebMemo posted June 30, 2011 by Brian Walsh The Supreme Court’s Willful Blindness Doctrine Opens the Door to More Wrongful Criminal Convictions

    Willful blindness is not knowledge; and judges should not broaden a legislative proscription by analogy. —Justice Anthony Kennedy, May 31, 2011[1] A recent decision of the Supreme Court of the United States in a patent lawsuit may, somewhat surprisingly,… Read more

  • Legal Memorandum posted May 24, 2011 by Andrew Grossman Don’t Be Misled on Reauthorization of Anti-Terrorism Tools

    Abstract: The three anti-terrorism tools scheduled to sunset on May 27, 2011—the authority to conduct “roving” wiretaps of terrorist suspects, to obtain “business records” relating to terrorism investigations, and to conduct surveillance… Read more

  • Legal Memorandum posted May 11, 2011 by Hans von Spakovsky, James Sherk National Labor Relations Board Overreach Against Boeing Imperils Jobs and Investment

    Abstract: In asserting that the Boeing Company is engaging in unfair labor practices by establishing a new aircraft assembly facility in South Carolina, a right-to-work state, instead of Washington State, which is heavily unionized, the National Labor Relations… Read more

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  • Blog Post on 9/29/2011 3:14:21 AM Google Makes a Pitch for Free Market

    Google is growing up. That was the message company representatives shared at Heritage this week on the Silicon Valley...… Read more

  • Blog Post on 9/15/2011 3:45:31 AM House Set to Rebuke NLRB for Meddling in Boeing's Expansion Plan

    The House of Representatives is poised to pass legislation today that prohibits the National Labor Relations Board from...… Read more

  • Blog Post on 8/19/2011 1:06:22 PM Enhancing Public Safety By Giving Criminals a Pass

    Just imagine if a President announced that his administration would not be prosecuting anyone for violating the...… Read more

  • Blog Post on 8/1/2011 7:00:26 AM Moscow’s Sanctions Tit-for-Tat Threatens to Kill the “Reset”

    This week the State Department has placed some 64 Russian officials on a visa blacklist that would prevent them from...… Read more

  • Blog Post on 7/5/2011 10:22:35 AM Russia’s Blacklist Bill Targets America

    A bill introduced in the Russian Duma last Tuesday would allow the Foreign Ministry to blacklist foreigners believed to...… Read more

  • Blog Post on 2/2/2011 9:06:22 AM Will President Obama Abide by Court's Decision and Suspend Obamacare?

    This week, Judge Roger Vinson of the United States District Court for the Northern District of Florida became the...… Read more

  • Blog Post on 9/27/2010 10:00:49 AM More of the Same: Millennium Development Review Summit Focuses on Increasing Aid and "Empowering" Women

    Heads of state and global leaders gathered at the U.N. this week to bemoan a lack of progress on meeting many of the...… Read more

  • Blog Post on 7/28/2010 1:12:23 PM On Arizona and Immigration: Judge Ignores Rule of Law

    As everyone knows, Arizona, chafed by the Federal government’s inability to control the flow of illegal immigrants into...… Read more

  • Blog Post on 1/27/2010 9:00:50 AM A New Chapter Dawns for Honduras

    A seemingly uneventful transition of power will take place today in the small Central American country of Honduras as...… Read more

  • Blog Post on 1/18/2010 3:56:57 AM Morning Bell: Martin Luther King Jr. Held These Truths. Do You?

    On August 28, 1963, Martin Luther King Jr. stood at the Lincoln Memorial and admonished America to return to its First...… Read more

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  • Backgrounder posted September 13, 2011 by Robert Rector, Rachel Sheffield Understanding Poverty in the United States: Poverty USA
  • Backgrounder posted February 8, 2012 by Baker Spring Missile Defense Program Weakened under the Obama Administration
  • WebMemo posted February 8, 2012 by Patrick Louis Knudsen FY2012 Government Spending Blows through Cap, CBO Shows
  • Backgrounder posted April 14, 2011 by Derek Scissors, Ph.D. Chinese Economic Growth | China Vs. US Economy
  • Backgrounder posted March 15, 2005 by Daniel Mitchell, Ph.D. The Impact of Government Spending on Economic Growth
  • Commentary posted September 13, 2011 by Robert Rector, Rachel Sheffield Understanding Poverty in the U.S.
  • First Principles Series Report posted July 18, 2007 by Thomas West, William Schambra The Progressive Movement and the Transformation of American Politics
  • WebMemo posted February 8, 2012 by Baker Spring, Michaela Bendikova Fix the Top 5 Military Modernization Mistakes
  • Backgrounder posted January 25, 1996 by Patrick Fagan, Ph.D. Why Religion Matters: The Impact of Religious Practice on Social Stability
  • White Paper posted October 27, 2005 by Robert Rector, Kirk Johnson, Ph.D. Teenage Sexual Abstinence and Academic Achievement
  • Audio on Saturday, February 11, 2012 Istook918 RG3s Heisman
  • Blog Post on Friday, February 10, 2012 Voices of Opposition Speak Out Against Obama's Contraception Mandate 'Accommodation'
  • Blog Post on Friday, February 10, 2012 New START: Been There, Threatened That
  • Blog Post on Friday, February 10, 2012 Conscience "Accommodation" Doesn’t Address Underlying Problem
  • Blog Post on Friday, February 10, 2012 UAW Defends Democracy? Wolf Hired to Guard the Hen House?
  • Blog Post on Friday, February 10, 2012 Lincoln: The Father of Big Government?
  • WebMemo posted February 10, 2012 by Charles Stimson Facts About The National Defense Authorization Act and Military Detention of U.S. Citizens
  • Blog Post on Friday, February 10, 2012 Rep. Price: Obama's Contraception 'Accommodation' is 'All Rhetoric'
  • Blog Post on Friday, February 10, 2012 President Obama's Unworkable Non-Solution on Conscience
  • Blog Post on Friday, February 10, 2012 Is the U.S. Economy in a “Liquidity Trap”?
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  • Feb 13
    Event on Monday, February 13, 2012 Obamacare Tramples on Religious Liberty: Why We Shouldn’t Be Surprised

    Long before President Obama’s recent decision to require religious-affiliated organizations to include coverage for abortion-inducing drugs and contraception in — Read more

    Attend in Person Watch Online

  • Feb 13
    Event on Monday, February 13, 2012 The Politically Incorrect Guide to the Presidents: From Wilson to Obama

    Our greatest presidents – in the eyes of academics, journalists, and popular historians – are those who confronted a — Read more

    Attend in Person Watch Online

  • Feb 13
    Event on Monday, February 13, 2012 President Obama's Unconstitutional Recess Appointments

    The President's unconstitutional appointments of one member of the Consumer Financial Protection Bureau (CFPB) and three members of the National Labor Relations Board (NLRB) were — Read more

    Attend in Person Watch Online

  • Feb 14
    Event on Tuesday, February 14, 2012 2012 Index of Economic Freedom: Promoting Economic Opportunity and Prosperity

    The 2012 Index of Economic Freedom (www.heritage.org/index) was released on January 12, 2012. Like its predecessor, the 2012 Index — Read more

    Attend in Person Watch Online

  • Feb 15
    Event on Wednesday, February 15, 2012 An International Conference on the 50th Anniversary of the End of the Great Chinese Famine of 1959-1961

    co-hosted by The — Read more

    Attend in Person Watch Online

  • Feb 22
    Event on Wednesday, February 22, 2012 The Obama Doctrine at Year Three: An Assessment

    Even before taking office, President Obama began laying out in his public statements the tenets of a doctrine, that if enacted, would enable his Administration — Read more

    Attend in Person Watch Online

  • Feb 24
    Event on Friday, February 24, 2012 First Principles: Five Keys to Restoring America's Prosperity

    America’s economic future is uncertain. Mired in a long crippling economic slump and hamstrung by bitter partisan debate over — Read more

    Attend in Person Watch Online

  • Feb 28
    Event on Tuesday, February 28, 2012 Warning to a Superpower: The Threat of Debt to American Global Leadership

    The scale of federal government debt in America is not only a major economic problem, but also a strategic one. Having jumped radically in recent — Read more

    Attend in Person Watch Online

  • Feb 29
    Event on Wednesday, February 29, 2012 The Devil We Don't Know: The Dark Side of Revolutions in the Middle East

    Human rights activist Nonie Darwish assesses the potential for freedom to succeed following the recent revolutions in the Middle — Read more

    Attend in Person Watch Online

  • Mar 01
    Event on Thursday, March 01, 2012 Russian Pre-Election Situation and Its Political and Policy Implications

    On March 4, the 2012 Russian presidential election takes place. The likely result is a return of the current Prime Minister Vladimir Putin, who is — Read more

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  • Blog Post on 2/10/2012 1:33:36 PM Voices of Opposition Speak Out Against Obama's Contraception Mandate 'Accommodation'
  • Blog Post on 2/10/2012 1:00:12 PM New START: Been There, Threatened That
  • Blog Post on 2/10/2012 12:30:52 PM Conscience "Accommodation" Doesn’t Address Underlying Problem
  • Blog Post on 2/10/2012 11:53:56 AM UAW Defends Democracy? Wolf Hired to Guard the Hen House?
  • Blog Post on 2/10/2012 11:30:39 AM Lincoln: The Father of Big Government?
  • Blog Post on 2/10/2012 11:17:39 AM Rep. Price: Obama's Contraception 'Accommodation' is 'All Rhetoric'
  • Blog Post on 2/10/2012 10:19:42 AM President Obama's Unworkable Non-Solution on Conscience
  • Blog Post on 2/10/2012 10:00:53 AM Is the U.S. Economy in a “Liquidity Trap”?
  • Blog Post on 2/10/2012 8:14:12 AM Heritage Reacts to White House "Accommodation" to Religious Liberty
  • Blog Post on 2/10/2012 8:00:54 AM Cutting the Nuclear Arsenal Even Further
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