Legal Memorandum posted August 18, 2014
The Obama Administration’s Attempt to Balkanize Hawaii
In its latest attempt to violate the limits of its constitutional authority, the Obama Administration has issued an Advance Notice of Proposed Rulemaking (ANPR) —new regulations that will determine whether the Department of the Interior will “reestablish” a “government-to-government relationship between the United States and the Native Hawaiian community.” The ANPR…
Legal Memorandum posted August 6, 2014
Criminal Law and the Administrative State: The Problem with Criminal Regulations
The relationship between criminal and administrative law dates to the turn of the 19th century, when Congress established early federal administrative agencies and a regulatory framework that included both civil and criminal penalties for failing to abide by the rules those agencies promulgated. However, as with federal criminal statutes, regulatory offenses that purport…
Legal Memorandum posted July 24, 2014
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…