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  • Backgrounder posted July 25, 2011 by Gary S. 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 regulations that will determine its substantive content and coverage. Under current law,…

  • First Principles Series Report posted January 27, 2009 by Gary S. Lawson Limited Government, Unlimited Administration: Is it Possible to Restore Constitutionalism?

    When the Constitution was sent to the states for ratification in 1787, many citizens worried that the new national government proposed by the document was a Leviathan in waiting. During the crucial New York ratification debate, James Madison, writing as Publius, sought to allay these fears in the 45th Federalist Paper by emphasizing that adoption of the Constitution…

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