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Federal Executive Branch

Our Research & Offerings on Federal Executive Branch
  • Legal Memorandum posted July 24, 2014 by John Malcolm, Elizabeth Slattery Boehner v. Obama: Can the House of Representatives Force the President to Comply with the Law?

    A‌rticle I of the Constitution vests “All legislative powers herein ‌granted” in Congress, while Article II, section 3 requires that the President “shall take Care that the Laws be faithfully executed.” But what happens when the President fails to execute the law? Time and again, President Barack Obama has pushed the limits of this duty, acting unilaterally to change or…

  • Commentary posted July 22, 2014 by Derrick Morgan Stand Up, Governors

    In Washington, the executive branch is overreaching as never before, and Congress seems disinclined to do much to stop the Leviathan. For those who believe in limited government, the last, best hope for resistance appears to be the nation’s governors. They could form a firm line of defense against the administration’s most recent attempted power grab: the Environmental…

  • Legal Memorandum posted February 12, 2014 by Elizabeth Slattery, Andrew Kloster An Executive Unbound: The Obama Administration’s Unilateral Actions

    “We can’t wait for an increasingly dysfunctional Congress to do its job. Where they won’t act, I will.” —President Barack Obama[1] The rule of law is a bedrock principle of Anglo–American jurisprudence. It stands for the belief that all—including government officials—are subject to the law and not above it. America’s Founding Fathers understood this principle, and the…

  • Issue Brief posted October 9, 2013 by Andrew Kloster The President’s Legal Authority at the Debt Limit

    Some time between the middle and the end of October, the federal government will reach a hard limit on the amount of debt it can issue, and its ability to finance governmental operations will be affected. Confusion about the debt limit abounds, and this Issue Brief will address some common questions. What Is the Debt Limit? The United States debt limit, or debt…

  • Commentary posted September 4, 2013 by Hans A. von Spakovsky Amendments for Liberty

    Mark Levin’s new book (The Liberty Amendments: Restoring the American Republic, published by Simon & Schuster) should be required reading for conservative bloggers, reporters, radio talk-show hosts, state legislators, members of Congress, and grassroots activists all over America. It provides a coherent plan to restore our constitutional republic, reversing the damage…

  • Testimony posted March 6, 2013 by James L. Gattuso “REINS Act of 2013”: Promoting Jobs, Growth, and Competitiveness

    Testimony before The Subcommittee on Regulatory Reform, Commercial and Antitrust Law Committee on the Judiciary United States House of Representatives March 5, 2013 Mr. Chairman, Ranking member Cohen, members of the subcommittee: My name is James Gattuso. I am Senior Research Fellow in Regulatory Policy at The Heritage Foundation. Thank you for inviting me to be here…

  • Issue Brief posted September 13, 2012 by Paul Rosenzweig Congress Should Not Enable Executive Orders on Cybersecurity

    The discussion over improving U.S. cybersecurity has moved from a debate over different pieces of legislation to speculation and expectation that President Obama will issue an executive order. Congress repeatedly declined to adopt a regulatory approach to cybersecurity, yet the Administration has drafted an executive order that begins the development of a regulatory…

  • Center for Policy Innovation Lecture posted April 2, 2012 by Robert E. Moffit, Ph.D. Why Congress Must Confront the Administrative State

    Abstract: The triumph of the administrative state has been made possible by the emasculation of the legislative power. Washington’s problem is not merely federal spending and debt; it is the arrogance of centralized power. The time is therefore ripe for a major national discussion not only about the size of government, but also about the processes of government. Americans…

  • WebMemo posted June 2, 2011 by James Jay Carafano, Ph.D. Libya: How Congress Should Speak to the White House

    Congress has every right to be angry with the President regarding the situation in Libya. Regardless of any views on the merits of the Libyan intervention, there is no question that from the start President Obama failed to consult Congress in an appropriately deliberate manner. The President has ill-served Congress, and there is no reason Congress should stand for it. As…

  • WebMemo posted June 9, 2010 by Brian W. Walsh The Criminal Intent Report: Congress Must Justify New Criminalization

    The political pressure to criminalize innocent conduct has proved difficult for most Members of Congress, irrespective of party affiliation, to resist. As a result of these pressures, Congress often crafts criminal legislation that is “misguided, unnecessary, and even harmful.”[1] It is far too easy for a Member of Congress to score political points by casting himself as…

Find more work on Federal Executive Branch
  • Legal Memorandum posted February 12, 2014 by Elizabeth Slattery, Andrew Kloster An Executive Unbound: The Obama Administration’s Unilateral Actions

    “We can’t wait for an increasingly dysfunctional Congress to do its job. Where they won’t act, I will.” —President Barack Obama[1] The rule of law is a bedrock principle of Anglo–American jurisprudence. It stands for the belief that all—including government officials—are subject to the law and not above it. America’s Founding Fathers understood this principle, and the…

  • Legal Memorandum posted July 24, 2014 by John Malcolm, Elizabeth Slattery Boehner v. Obama: Can the House of Representatives Force the President to Comply with the Law?

    A‌rticle I of the Constitution vests “All legislative powers herein ‌granted” in Congress, while Article II, section 3 requires that the President “shall take Care that the Laws be faithfully executed.” But what happens when the President fails to execute the law? Time and again, President Barack Obama has pushed the limits of this duty, acting unilaterally to change or…

  • Center for Policy Innovation Lecture posted April 2, 2012 by Robert E. Moffit, Ph.D. Why Congress Must Confront the Administrative State

    Abstract: The triumph of the administrative state has been made possible by the emasculation of the legislative power. Washington’s problem is not merely federal spending and debt; it is the arrogance of centralized power. The time is therefore ripe for a major national discussion not only about the size of government, but also about the processes of government. Americans…

  • Center for Policy Innovation Lecture posted by Robert E. Moffit, Ph.D. Why Congress Must Confront the Administrative State

    Abstract: The triumph of the administrative state has been made possible by the emasculation of the legislative power. Washington’s problem is not merely federal spending and debt; it is the arrogance of centralized power. The time is therefore ripe for a major national discussion not only about the size of government, but also about the processes of government. Americans…

  • Issue Brief posted October 9, 2013 by Andrew Kloster The President’s Legal Authority at the Debt Limit

    Some time between the middle and the end of October, the federal government will reach a hard limit on the amount of debt it can issue, and its ability to finance governmental operations will be affected. Confusion about the debt limit abounds, and this Issue Brief will address some common questions. What Is the Debt Limit? The United States debt limit, or debt…

  • Testimony posted March 6, 2013 by James L. Gattuso “REINS Act of 2013”: Promoting Jobs, Growth, and Competitiveness

    Testimony before The Subcommittee on Regulatory Reform, Commercial and Antitrust Law Committee on the Judiciary United States House of Representatives March 5, 2013 Mr. Chairman, Ranking member Cohen, members of the subcommittee: My name is James Gattuso. I am Senior Research Fellow in Regulatory Policy at The Heritage Foundation. Thank you for inviting me to be here…

  • Commentary posted July 22, 2014 by Derrick Morgan Stand Up, Governors

    In Washington, the executive branch is overreaching as never before, and Congress seems disinclined to do much to stop the Leviathan. For those who believe in limited government, the last, best hope for resistance appears to be the nation’s governors. They could form a firm line of defense against the administration’s most recent attempted power grab: the Environmental…

  • Commentary posted September 4, 2013 by Hans A. von Spakovsky Amendments for Liberty

    Mark Levin’s new book (The Liberty Amendments: Restoring the American Republic, published by Simon & Schuster) should be required reading for conservative bloggers, reporters, radio talk-show hosts, state legislators, members of Congress, and grassroots activists all over America. It provides a coherent plan to restore our constitutional republic, reversing the damage…

  • Issue Brief posted September 13, 2012 by Paul Rosenzweig Congress Should Not Enable Executive Orders on Cybersecurity

    The discussion over improving U.S. cybersecurity has moved from a debate over different pieces of legislation to speculation and expectation that President Obama will issue an executive order. Congress repeatedly declined to adopt a regulatory approach to cybersecurity, yet the Administration has drafted an executive order that begins the development of a regulatory…

  • WebMemo posted June 2, 2011 by James Jay Carafano, Ph.D. Libya: How Congress Should Speak to the White House

    Congress has every right to be angry with the President regarding the situation in Libya. Regardless of any views on the merits of the Libyan intervention, there is no question that from the start President Obama failed to consult Congress in an appropriately deliberate manner. The President has ill-served Congress, and there is no reason Congress should stand for it. As…

Find more work on Federal Executive Branch
  • Legal Memorandum posted July 24, 2014 by John Malcolm, Elizabeth Slattery Boehner v. Obama: Can the House of Representatives Force the President to Comply with the Law?

    A‌rticle I of the Constitution vests “All legislative powers herein ‌granted” in Congress, while Article II, section 3 requires that the President “shall take Care that the Laws be faithfully executed.” But what happens when the President fails to execute the law? Time and again, President Barack Obama has pushed the limits of this duty, acting unilaterally to change or…

  • Legal Memorandum posted February 12, 2014 by Elizabeth Slattery, Andrew Kloster An Executive Unbound: The Obama Administration’s Unilateral Actions

    “We can’t wait for an increasingly dysfunctional Congress to do its job. Where they won’t act, I will.” —President Barack Obama[1] The rule of law is a bedrock principle of Anglo–American jurisprudence. It stands for the belief that all—including government officials—are subject to the law and not above it. America’s Founding Fathers understood this principle, and the…

  • Issue Brief posted October 9, 2013 by Andrew Kloster The President’s Legal Authority at the Debt Limit

    Some time between the middle and the end of October, the federal government will reach a hard limit on the amount of debt it can issue, and its ability to finance governmental operations will be affected. Confusion about the debt limit abounds, and this Issue Brief will address some common questions. What Is the Debt Limit? The United States debt limit, or debt…

  • Issue Brief posted September 13, 2012 by Paul Rosenzweig Congress Should Not Enable Executive Orders on Cybersecurity

    The discussion over improving U.S. cybersecurity has moved from a debate over different pieces of legislation to speculation and expectation that President Obama will issue an executive order. Congress repeatedly declined to adopt a regulatory approach to cybersecurity, yet the Administration has drafted an executive order that begins the development of a regulatory…

  • Center for Policy Innovation Lecture posted April 2, 2012 by Robert E. Moffit, Ph.D. Why Congress Must Confront the Administrative State

    Abstract: The triumph of the administrative state has been made possible by the emasculation of the legislative power. Washington’s problem is not merely federal spending and debt; it is the arrogance of centralized power. The time is therefore ripe for a major national discussion not only about the size of government, but also about the processes of government. Americans…

  • WebMemo posted June 2, 2011 by James Jay Carafano, Ph.D. Libya: How Congress Should Speak to the White House

    Congress has every right to be angry with the President regarding the situation in Libya. Regardless of any views on the merits of the Libyan intervention, there is no question that from the start President Obama failed to consult Congress in an appropriately deliberate manner. The President has ill-served Congress, and there is no reason Congress should stand for it. As…

  • WebMemo posted June 9, 2010 by Brian W. Walsh The Criminal Intent Report: Congress Must Justify New Criminalization

    The political pressure to criminalize innocent conduct has proved difficult for most Members of Congress, irrespective of party affiliation, to resist. As a result of these pressures, Congress often crafts criminal legislation that is “misguided, unnecessary, and even harmful.”[1] It is far too easy for a Member of Congress to score political points by casting himself as…

  • Center for Policy Innovation Lecture posted by Robert E. Moffit, Ph.D. Why Congress Must Confront the Administrative State

    Abstract: The triumph of the administrative state has been made possible by the emasculation of the legislative power. Washington’s problem is not merely federal spending and debt; it is the arrogance of centralized power. The time is therefore ripe for a major national discussion not only about the size of government, but also about the processes of government. Americans…

Find more work on Federal Executive Branch
Find more work on Federal Executive Branch