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  • Commentary posted August 25, 2014 by Lee Edwards, Ph.D. The Invisible Bridge: The Fall of Nixon and the Rise of Reagan

    Not since Edmund Morris’s bizarre semi-fictional biography of Ronald Reagan has there been such a deeply disappointing Reagan book as Rick Perlstein’s The Invisible Bridge: The Fall of Nixon and the Rise of Reagan. No sooner was it published than it was greeted with charges of plagiarism, egregious misstatements, and “invisible” footnotes. It is always useful to know…

  • 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 17, 2014 by David B. Muhlhausen, Ph.D. New Brookings Report on Government Failures Ignores Failed Social Programs

    A new Brookings Institution report, “A Cascade of Failures,” by Paul C. Light concludes that the failures of the federal government are accelerating. As the executive, legislative, and judicial branches of the federal government continually expand the power and responsibilities of the federal government beyond its core constitutional functions, none of the failures…

  • Lecture posted May 22, 2014 by Adam J. White Congress and the New Administrative State

    The administrative state begins with Congress. As the Supreme Court has observed, “an agency literally has no power to act…unless and until Congress confers power upon it.”[1] So let me offer a few words about what previous Congresses have done to create the new administrative state and what Congress can do, today and tomorrow, to restore some limits. Delegating Powers…

  • Issue Brief posted April 25, 2014 by Elizabeth Slattery Supreme Court 101: A Primer for Non-Lawyers

    A common refrain from lawyers is that they will take a case “all the way to the Supreme Court,” but it is easier said than done to get the Supreme Court to review a case. The Supreme Court of the United States agrees to hear only a small number of cases each term, so the odds are stacked against most litigants. The reasons why the Court declines to hear particular cases…

  • Commentary posted February 16, 2014 by Theodore R. Bromund, Ph.D. Nonprofit model entirely misleading

    One of the many virtues of the United States is it has an exceptionally lively nonprofit sector. There is an organization for everyone, and every organization speaks for itself. Europe is less fortunate: there, government funding of nonprofits is the norm. But at least Europe is waking up to the dangers of subsidies. We seem to be going to sleep. In the United States,…

  • Lecture on February 13, 2014 The Prospect for Freedom: Can the U.S. Sustain Its Experiment in Self-Government?

    Some years ago, I was in China at one of the major universities and speaking to a forum of Chinese CEOs. After the final banquet, I walked back to the lecture hall with the dean of the business school. “Let me ask you a question I wouldn’t ask in public,” he said. “What am I missing? We in China are fascinated with the Christian roots of your Western past—for the sake of…

  • 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…

  • Commentary posted February 3, 2014 by Edwin J. Feulner, Ph.D. Why the people don’t trust government

    No one tests the historic optimism of the American people quite like your average politician. Poll after poll finds a deep distrust of government, with more than two-thirds saying they can’t believe what they hear from Washington. You don’t have to look far for examples of why they feel this way. Americans have learned to be wary of taking what politicians say at face…

  • Legal Memorandum posted January 23, 2014 by Andrew M. Grossman Harris v. Quinn: An End to the Forced Unionization of Home-Care Workers?

    On January 21, 2014, the Supreme Court of the United States heard oral argument in Harris v. Quinn, a challenge to states' authority to require that home-based workers submit to an exclusive representative for collective bargaining—i.e., a labor union. Organizing home-based workers has been among the labor movement's greatest prospects for adding to its diminishing ranks,…

  • Lecture posted January 7, 2014 by Mike Lee Defending the Senate’s Constitutional Duty to Advise and Consent to Presidential Appointments

    I’m very grateful for the opportunity to speak about the Recess Appointments Clause today. In the small town of Alpine, Utah, where I live, we speak of little else. It is of great interest to those of us who watch the Supreme Court to see this case get teed up. I was very happy, of course, when the Supreme Court of the United States granted certiorari to review this…

  • Commentary posted October 23, 2013 by James L. Gattuso Congressional checks and balances aren’t in the mail

    Spare change is hard to find at the U.S. Postal Service nowadays. The nation's mail service started October by defaulting on a payment due to the U.S. Treasury and is down to less than 10 days of cash on hand. The USPS is expected to muddle through the crunch, but its financial problems won’t go away. The mail delivery business is in long-term decline. Without…

  • Legal Memorandum posted October 9, 2013 by Michael Stern The Supreme Court Considers the President’s Power to Make Recess Appointments

    In its new term, the Supreme Court of the United States will consider National Labor Relations Board v. Noel Canning, a challenge to President Barack Obama’s January 4, 2012, recess appointments to fill three National Labor Relations Board (NLRB) vacancies. At the time of these appointments, every three days, the Senate was conducting pro forma sessions during which no…

  • 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…

  • Lecture posted June 25, 2013 by Joseph Postell, Ph.D., Robert E. Moffit, Ph.D., Todd F. Gaziano How to Limit Government in the Age of Obama

    The Role of Congress Joseph Postell, PhD: Limiting government in the age of Obama is a tall order, but it is a tall order not simply because of who occupies the White House. It is a tall order because it requires limiting government in the age of the administrative state, which stacks the deck against those hoping to place limits on government. To mount an effective…