In 1925, Congress passed the Federal Arbitration Act (FAA),[1] establishing a strong federal policy in favor of arbitration. A form of alternative dispute resolution, arbitration reduces litigation costs, a savings that is passed on to consumers. Despite its advantages, however, arbitration has recently come under attack in Congress, executive agencies, and the courts.…
The Supreme Court is considering challenges to state and federal laws that define marriage as the union of a man and woman. After lower courts ruled against these marriage laws, the Supreme Court now has the opportunity to uphold the laws and return to citizens and their elected representatives the authority for answering questions about marriage policy. If marriage…
In September, the House of Representatives passed the reauthorization of the Foreign Intelligence Surveillance Amendments Act of 2008 (FAA), which made key updates to the authorities granted to U.S. intelligence under the Foreign Intelligence Surveillance Act (FISA). Reauthorization of the bill, which expires at the end of this year, has yet to be taken up by the Senate.…
Abstract: Brutus, one of the loose-knit group of Anti-Federalists who opposed the adoption of the Constitution, was convinced that the new government would prove to be a national, not a federal, government; that the several states would cease to exist as sovereign entities; and that the judiciary would be instrumental in causing that result. Joseph Story, a proponent of a…
Abstract: Despite a history of consistent voter support for traditional marriage, the U.S. Supreme Court has been asked to address questions concerning this foundational social institution. The issue has been forced onto the Court’s docket by activist judges who have overruled democratically established marriage policies and by executive branch officials who have…
Abstract: Given the excitement and importance of the recently concluded Supreme Court term, it is possible that the upcoming term will lack the same dazzling array of issues; just as not every baseball lineup is loaded with players like the 1927 Yankees Murderers Row, not every Supreme Court term is chock-full of Hall of Fame cases. Still, the next few years promise their…
If the Administration’s attempt to centralize health care decision making in Washington was unworkable, its unconstitutional imposition on the states has made its problems even worse. Long before the Supreme Court’s decision to strike down the Medicaid mandate on the states as unconstitutionally coercive, opponents of the health care law argued that it would be…
Although both Arizona and the United States prevailed in different parts of the Supreme Court’s immigration ruling this week, the Obama Administration’s immediate response seems like a childish slap in the face of the Supreme Court, Arizona, and any other state that might challenge its authority. Justice Antonin Scalia noted in his dissenting opinion, which would…
Since the Supreme Court issued its decision on June 25 on Arizona’s immigration law,[1] numerous news reports and commenters have mistakenly said that most of the Arizona law was struck down. That is simply wrong. The error is apparently based on the mistaken assumption that the four provisions reviewed by the Supreme Court were the entire law. But in reality, most…
On April 25, the Supreme Court will hear oral arguments in a case with significant implications for immigration policy and enforcement well beyond the immediate statute at issue. Arizona v. United States is a challenge to much of the state enforcement scheme of Arizona Senate Bill 1070 (S.B. 1070), which was enacted to detect and address illegal immigration in Arizona.…
Under the Articles of Confederation, all war power was vested in a Congress and the United States lacked a formal executive. This arrangement proved unworkable as America’s foreign policy and defense, deprived of executive guidance, floundered. Recognizing the need for an executive to act with swiftness and dispatch in response to foreign threats, the Framers of the…
In a sweeping decision that will have myriad consequences -- foreseen and unforeseen --the Supreme Court found that the right of habeas corpus under the U.S. Constitution applies to terrorist detainees held at Guantanamo Bay, Cuba. In a controversial 5-4 decision written by Justice Kennedy that is already being reported as a major loss for the…
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 United States. This…
Abstract: Next week, the Supreme Court will hear challenges to Obamacare (the Patient Protection and Affordable Care Act) centered on the constitutionality of the legislation’s individual mandate and Medicaid expansion. From a legal perspective, the Court’s decision will serve as a significant precedent with respect to what limits, if any, still apply to…
Abstract: Liberals are currently engaged in a concerted effort to redefine judicial activism. Rather than accepting the true definition of judicial activism—when a judge applies his or her own policy preferences to uphold a statute or other government action which is clearly forbidden by the Constitution—liberals now apply the term anytime a statute is struck…
On Tuesday, March 20, the Supreme Court hears oral argument in two cases involving the constitutionality of sentences of life without parole (LWOP) for teenage murderers. The real issue before the Court is this: Will the Court again “find” or “invent” a heretofore undiscovered constitutional prohibition and thus strike an entire category of sentences for the most violent…
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 my own, and should not be construed as representing…
On May 7, the U.S. Court of Appeals for the D.C. Circuit struck down a National Labor Relations Board (NLRB) rule that...…
How should courts respond when the legislature does not adequately fund operation of the criminal justice system and...…
The Senate soon will take up ill-advised legislation (S. 743) misnamed the “Marketplace Fairness Act” to authorize every...…
This week, the Supreme Court issued a historic decision that will help prevent U.S. courts (and activist judges) from...…
As millions of Americans scrambled this week to get their taxes filed on time, they probably didn’t spend much time...…
Dear patriots, Today is my first full day as president of The Heritage Foundation, and the first thing I want to do is...…
On Monday, the Supreme Court agreed to review an important case on race and sex discrimination (also known as...…
There's a heated debate going on in this country about marriage—and at times, it's less than civil. Heritage's William...…
It’s hard to overstate what an outstanding victory for school choice Indiana’s Supreme Court issued...…
This morning, the Supreme Court heard oral arguments in United States v. Windsor, a constitutional challenge to the...…