Legal Memorandum posted August 8, 2012 by Andrew M. Grossman
Welfare Reform's Work Requirements Cannot be Waived
Abstract: Under the guise of providing states greater “flexibility” in operating their welfare programs, the Obama Administration now claims the authority to weaken or waive the work requirements that are at the heart of welfare reform. But Congress intended that those requirements be absolutely mandatory in all instances and specifically withheld any authority to weaken…
Issue Brief posted July 16, 2012 by Andrew M. Grossman
San Bernardino Mortgage Seizure Plan Raises Serious Constitutional Concerns
San Bernardino County’s reported attempt to use eminent domain to expropriate mortgages could be struck down by the courts as inconsistent with the requirements of the Fifth Amendment’s Takings Clause. Although weakened by decades of court decisions ignoring its original meaning, the clause remains a vital protection of private property rights, particularly where the…
Issue Brief posted May 22, 2012 by Andrew M. Grossman
Dismissing Padilla v. Yoo: A Glass Half Empty?
The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an opinion that casts doubt on the lawfulness of…
Testimony posted February 10, 2012 by Andrew M. 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 House of Representatives
February 3, 2012
Andrew M. Grossman
Visiting Legal Fellow
The Heritage Foundation
As a policy device,…
Testimony posted December 14, 2011 by Andrew M. 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 my own, and should not be construed as representing…
Backgrounder posted November 16, 2011 by James Sherk, Andrew M. Grossman
Unintended Consequences: Allowing the Unemployed to Sue Would Destroy Jobs
Abstract: With a high unemployment rate and a struggling economy, passing legislation that discourages job creation would seem counterintuitive. And yet, by pushing for the Fair Empolyment Opportunity Act (FEOA) this is precisely what President Obama and some Members of Congress propose. The FEOA would define the currently unemployed as a “protected class," and allow them…
WebMemo posted August 1, 2011 by Andrew M. Grossman
High on Ozone: The EPA’s Latest Assault on Jobs and the Economy
The U.S. economy won a temporary reprieve with the Environmental Protection Agency’s (EPA) announcement last week that new ozone standards, which had been slated for this summer, will be delayed. The EPA’s “reconsideration” of the ozone standards it set in 2008 and issuance of more stringent standards violate all three of the fundamental values EPA Administrator Lisa…
Legal Memorandum posted July 11, 2011 by Andrew M. Grossman
The Fourteenth Amendment Is No Blank Check for Debt Increases
Abstract: A clause of the Fourteenth Amendment to the United States Constitution provides, “The validity of the public debt of the United States…shall not be questioned.” Far from authorizing the President to incur more debt—a power vested solely in Congress—this clause bars Congress from repudiating debt that it has already incurred. Whether a default would amount to…
Legal Memorandum posted May 24, 2011 by Andrew M. 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 of “lone wolf” terrorist suspects—clearly pass constitutional muster. Each follows the approach, laid out by the courts…
Legal Memorandum posted July 27, 2009 by Andrew M. Grossman
The Unlikely Orchid Smuggler: A Case Study in Overcriminalization
George Norris, an elderly retiree, had turned his orchid hobby
into a part-time business run from the greenhouse in back of his
home. He would import orchids from abroad--South Africa, Brazil,
Peru--and resell them at plant shows and to local enthusiasts. He
never made more than a few thousand dollars a year from his orchid
business, but it kept him engaged and…