Heritage Foundation Leadership for America

October 6, 2009
Another Sarbanes-Oxley: Threatening Small Businesses with the "Beneficial" Ownership Bill
By Hans A. von Spakovsky and Andrew M. Grossman
(Legal Memorandum #48)
The Incorporation Transparency and Law Enforcement Assistance Act (ITLEAA)--currently under consideration in Congress--would subject small businesses to a series of complicated and burdensome reporting requirements. ...

September 25, 2009
Defunding ACORN: Necessary and Proper, and Certainly Constitutional
By Hans A. von Spakovsky
(WebMemo #2630)
Barring ACORN from receiving federal funds through the Defund ACORN Act is perfectly constitutional.

September 15, 2009
President Obama's Medical Liability Reform Proposal: No Silver Bullet
By Randolph W. Pate
(WebMemo #2614)
In an apparent concession to Republicans on health care reform,
President Obama broached the topic of medical liability reform Wednesday
night in his health care ...

September 2, 2009
Defending Those Who Serve: Paying the Legal Costs of CIA Officers
By Edwin Meese III and Hans A. von Spakovsky
(WebMemo #2602)
CIA Director Leon Panetta's decision to use agency funds to pay for the legal defense of case officers targeted by President Obama and Attorney General ...

August 28, 2009
The Trial Lawyers' Earmark: Using Medicare to Finance the Lifestyles of the Rich and Infamous
By Edwin Meese III and Hans A. von Spakovsky
(Legal Memorandum #47)
A proposed amendment to the America's Affordable Health Choices Act of 2009 would have generated abusive Medicare litigation on a massive scale to benefit plaintiffs' ...

August 14, 2009
A CIA Special Prosecutor: A Wolf in Wolf's Clothing
By Todd Gaziano and Robert Alt
(WebMemo #2588)
Even assuming a criminal investigation of CIA interrogators is warranted, Attorney General Holder most definitely should not appoint a special prosecutor.

August 11, 2009
Democracy in Danger: What States Can Do to Safeguard America's Election System
By Hans A. von Spakovsky
(Heritage Lecture #1129)
In order to have an election process in which we can be confident that everyone who is eligible gets to vote, the vote is counted, ...

August 4, 2009
Killing Americans by Stifling Medical Innovation: The Medical Device "Safety" Act of 2009
By Hans A. von Spakovsky
(Legal Memorandum #46)
The misnamed Medical Device Safety Act of 2009 would gut the carefully crafted regulation of medical devices by the Food and Drug Administration, exposing developers ...

July 28, 2009
America's Military Voters: Re-enfranchising the Disenfranchised
By Hans A. von Spakovsky and M. Eric Eversole
(Legal Memorandum #45)
In recent elections, only 5 to 20 percent of eligible military voters cast absentee ballots that were counted. This shockingly low participation rate is as ...

July 27, 2009
Legal Authorities in the Long War
By the Honorable Kenneth L. Wainstein
(Heritage Lecture #1127)
The three counterterrorism authorities that are scheduled to sunset this year have proven to be invaluable in our counterterrorism efforts. They are subject to careful ...

July 27, 2009
The Unlikely Orchid Smuggler: A Case Study in Overcriminalization
By Andrew M. Grossman
(Legal Memorandum #44)
Today, enormously complex and demanding regulations are regularly paired with draconian criminal penalties for even minor deviations from the rules. Minor violations from time to ...

July 13, 2009
The State Secret Protection Act Is Not Like the Classified Information Procedures Act (CIPA)
By Andrew M. Grossman
(Legal Memorandum #43)
The proposed State Secret Protection Act would require the disclosure of highly classified information in a variety of contexts, putting at risk the nation’s security ...

July 10, 2009
Key Questions for Sonia Sotomayor
By Deborah O'Malley and Robert Alt
(WebMemo #2534)
Given concerns about her judicial philosophy, fairness on the bench, and fidelity to the Constitution, Senators should ask Judge Sotomayor the following 10 questions.

July 6, 2009
Questions for Judge Sotomayor on the Use of Foreign and International Law
By Steven Groves
(WebMemo #2525)
If Judge Sotomayor intends to join her colleagues already on the Court in relying upon something other than U.S. legal precedent and American norms in ...

July 2, 2009
Correcting False Claims about the New False Claims Act Legislation
By Hans A. von Spakovsky and Brian W. Walsh
(Legal Memorandum #42)
Congress's latest amendments to the federal False Claims Act destroy the FCA's prior balance that protected federal taxpayer funds while providing some restraints against abusive ...

June 23, 2009
The Enumerated Powers Act: A First Step Toward Constitutional Government
By Andrew M. Grossman
(Legal Memorandum #41)
The Enumerated Powers Act would be a small step toward reviving the practice of constitutionally limited government. Although it would not stop Congress from passing ...

June 19, 2009
Patent Proposal Puts Property and Innovation at Risk
By Honorable Thomas C. Feeney and Andrew M. Grossman
(Legal Memorandum #40)
The Senate's patent "reform" bill would weaken fundamental principles of patent protection. Specifically, it would introduce uncertainty into all patent rights, diminishing the value of ...

June 4, 2009
The State Secret Protection Act: Unnecessary, Unconstitutional, and Undemocratic
By Andrew M. Grossman
(Testimony )
The misnamed State Secret Protection Act of 2009 (H.R. 984) is dangerous, in terms of both its effect on national security and the violence it ...

May 5, 2009
Not a Zero-Sum Game: Replacing Justice Souter Risks a More Activist Court
By Andrew M. Grossman
(WebMemo #2424)
Justice Souter was no conservative and no originalist, but replacing him with a far-left activist would change the balance of the Court for the worse. ...

May 5, 2009
Photo ID Laws Do Not Reduce Voter Turnout
By David B. Muhlhausen, Ph.D.
(Testimony )
Americans support voter ID laws for good reasons. First, there is little evidence to suggest that these laws disenfranchise voters. Second, voter ID laws are ...

April 29, 2009
Federal Hate Crimes Statute: An Unconstitutional Exercise of Legislative Power
By Brian W. Walsh
(WebMemo #2416)
The Local Law Enforcement Hate Crimes Prevention Act of 2009 is based on serious analytical and constitutional flaws and would actually be counterproductive to prosecuting ...

April 27, 2009
Mortgage Cramdowns: Problems with Involving Bankruptcy Judges
By Andrew M. Grossman and David C. John
(WebMemo #2409)
The mortgage cramdown proposal would prolong and worsen the banking crisis, delaying economic recovery.

April 27, 2009
State Department Legal Adviser Nominee Harold Koh: Questions on the Role of International Law in the U.S. Legal System
By Steven Groves and Ted R. Bromund, Ph.D.
(WebMemo #2414)
President Obama has nominated Harold Koh to be the next Legal Adviser, which is the top legal position at the U.S. Department of State. While ...

March 24, 2009
When Art Becomes a Crime: A Case Study in Overcriminalization
By Andrew M. Grossman
(Legal Memorandum #39)
Prosecutors continue to abuse the federal mail and wire fraud statutes to go after contractual violations, local-government patronage politics, minor regulatory violations, and other conduct ...

March 23, 2009
Requiring Identification by Voters
By Hans A. Von Spakovsky
(Testimony )
Guaranteeing the integrity of elections requires having security throughout the entire election process, from voter registration to the casting of votes to the counting of ...

March 23, 2009
Can Congress Punish People? Why the Constitution Prohibits Bills of Attainder
By The Heritage Foundation
(WebMemo #2356)
The Framers considered freedom from bills of attainder so important that it is one of only two individual liberties that the original Constitution protects from ...

March 20, 2009
Cracking the Bedrock of Democracy: Destroying the Secret Ballot in Union Elections
By Hans A. von Spakovsky
(Legal Memorandum #38)
The Employee Free Choice Act of 2009 would fundamentally change the nature of the relationship between unions, employers, and employees. The only reason to eliminate ...

March 19, 2009
The AIG Clawback: Possibly Unconstitutional, Doubtlessly Imprudent
By Andrew M. Grossman
(WebMemo #2349)
Congress should realize the prudential limits of its powers and competence and take no action against those receiving deferred compensation for work that they have ...

March 12, 2009
Public Corruption Prosecution Improvements Act: Revising Federal Gratuities Law to Criminalize Innocent Conduct
By Brian W. Walsh
(WebMemo #2340)
The Senate Judiciary Committee is considering a bill that would greatly expand the reach of a key "public corruption" offense, an offense that is already ...

March 12, 2009
Ailing Automakers Need Bankruptcy, Not Bankruptcy-Lite
By Andrew M. Grossman
(WebMemo #2342)
If GM and Chrysler are to survive and prosper, they must undergo real reorganization in bankruptcy, not anything less.

March 4, 2009
The Fraud Enforcement and Recovery Act (S. 386): Criminalizing Our Way out of the Financial Crisis
By Brian W. Walsh and Tiffany M. Joslyn
(WebMemo #2322)
Members of Congress should not embrace harmful or misguided legislation simply to show they are "doing something" to "solve" the subprime meltdown and resulting financial ...

February 25, 2009
Combating Libel Tourism: Federal Efforts Needed
By Andrew M. Grossman
(Backgrounder #2244)
Congress should adopt a two-step approach to restore American authors’ First Amendment rights. To protect speech rights, abusive foreign libel judgments should be unenforceable in ...

February 19, 2009
Appealing to the Judge's Better Angels
By David F. Forte
(Heritage Lecture #1111)
The Constitution made judges independent precisely to give them the power to limit the executive and legislature. The very independence of the courts was to ...

February 19, 2009
Voting Representation for the District of Columbia: Violating the Framers' Vision and Constitutional Commands
By Nathaniel Ward and Andrew M. Grossman
(Legal Memorandum #37)
Lawmakers must reject any legislative proposal granting the residents of the District of Columbia a separate, voting representative in Congress. Providing such a representative would ...

February 19, 2009
Common Article 3 of the Geneva Conventions and U.S. Detainee Policy
By David Rivkin, Lee Casey, and Charles Stimson
(WebMemo #2303)
President Barack Obama ordered the secretary of defense to conduct an immediate 30-day review of the conditions of detention in Guantanamo to "ensure full compliance" ...

February 18, 2009
The District of Columbia: A Federal City
By Lee A. Casey
(WebMemo #2300)
Statehood is now the clear preference of District of Columbia voting-rights advocates, but the proposal has never, heretofore, excited much support in Congress and would, ...

February 13, 2009
Mortgage Modifications in Bankruptcy Would Undermine Homeownership, Prevent Few Foreclosures
By Andrew M. Grossman
(Backgrounder #2242)
Allowing judges to discharge mortgage debt in bankruptcy and rewrite repayment terms would put homeownership out of reach for many Americans, especially those of lesser ...

February 2, 2009
Deputy Attorney General Nominee David Ogden: Questions on Interpretation of the U.S. Constitution
By Steven Groves
(WebMemo #2258)
The Committee on the Judiciary should not ignore David Ogden's opinions on the use of foreign laws in American jurisprudence.

January 30, 2009
Ensuring "Equal Treatment" in the Minnesota Recount: Bush v. Gore Redux
By Hans A. von Spakovsky
(Legal Memorandum #36)
The carelessness of local election officials, the arbitrary and capricious decisions of the Minnesota Canvassing Board, and the strange decisions of the Minnesota Supreme Court ...

January 27, 2009
Limited Government, Unlimited Administration: Is it Possible to Restore Constitutionalism?
By Gary S. Lawson
(First Principles #23)
The Framers of our Constitution should be venerated in the general culture for what they did. Veneration of the personalities should be linked with veneration ...

January 22, 2009
Making Ledbetter Better, or at Least Less Bad
By Andrew M. Grossman
(WebMemo #2236)
If Congress is serious about protecting workers from discrimination, it should consider more thoughtful proposals than effectively eliminating Title VII’s limitations period.

January 16, 2009
Promoting Innovation with Patent Reform: A Memo to President-elect Obama
By Andrew M. Grossman
(Special Report #0047)
President-elect Obama, you are right to recognize that our intellectual property system is absolutely essential to the global competitiveness of America and its leading industries. ...

January 14, 2009
Key Questions for Eric Holder, Nominee for United States Attorney General
By Robert Alt
(WebMemo #2220)
The United States Senate will soon render its advice and consent on the nomination of Eric Holder as the new United States Attorney General. In ...

January 9, 2009
Enacting Principled, Nonpartisan Criminal-Law Reform: A Memo to President-elect Obama
By Brian W. Walsh
(Special Report #42)
President-elect Obama, during your campaign, you promised to improve the administration of criminal justice for all Americans without limitation. This promise is vital because criminal ...

January 7, 2009
The Constitutional Requirement to Seat the Senator from Illinois: Upholding the Rule of Law
By Hans A. von Spakovsky
(WebMemo #2190)
Senator Roland Burris has no choice but to immediately assert his right to be seated and to file suit if the Senate continues to unlawfully ...

January 7, 2009
The Ledbetter Act: Sacrificing Justice for "Fair" Pay
By Andrew M. Grossman
(Legal Memorandum #34)
Congressional leaders have said that they will fast-track the Lilly Ledbetter Fair Pay Act, a bill that would allow pay discrimination lawsuits to proceed years ...

January 6, 2009
Promoting the General Welfare Through Civil Justice Reform: A Memo to President-elect Obama
By Hans A. von Spakovsky and Andrew M. Grossman
(Special Report #38)
President-elect Obama, you argued forcefully as a candidate that we need a regulatory and business landscape in which businesses, entrepreneurs, and investors can thrive and ...

January 6, 2009
Protecting Property Rights to Preserve Freedom and Prosperity: A Memo to President-elect Obama
By Andrew M. Grossman
(Special Report #40)
President-elect Obama, you have been a strong and eloquent defender of property rights and the rule of law, recognizing that they undergird Americans' freedoms and ...

December 3, 2008
Constitutional Ineligibility: What Does the Emoluments Clause Mean?
By David F. Forte
(WebMemo #2149)
Determined to avoid corruption and self-dealing in the legislative process, the Framers kept all appointive powers out of the hands of Congress. (See Article II, ...

November 20, 2008
Inaugural Tickets for Sale? Overcriminalization Strikes Again
By Andrew M. Grossman
(WebMemo #2138)
A new bill introduced by Senator Diane Feinstein (D–CA) would criminalize the sale of inaugural tickets. This sort of knee-jerk criminalization has led to the ...

November 15, 2008
Automakers Need Bankruptcy, Not Bailout
By Andrew M. Grossman
(Legal Memorandum #33)
For the Big Three, staying the course (the only alternative to reorganization in bankruptcy) guarantees failure. Outside of bankruptcy, the automakers will have neither the ...

November 10, 2008
Why the U.S. Should Oppose "Defamation of Religions" Resolutions at the United Nations
By Steven Groves
(Backgrounder #2206)
The U.N. has passed several "defamation of religions" resolutions over the past 10 years seeking to establish an international ban on speech that disparages religion. ...

October 28, 2008
Democracy in Danger: Case Studies of Election Fraud
By Hans A. von Spakovsky
(Special Report #24)
The right to vote in a free and fair election is the most basic civil right, on which depends all of the other rights of ...

September 29, 2008
The Bailout Package: Vital and Acceptable
By Stuart M. Butler, Ph.D., and Edwin Meese III
(WebMemo #2091)
Financial markets in the United States and around the world face a dire emergency requiring urgent and decisive action. The package of emergency steps now ...

September 28, 2008
An Initial Review of the Bailout Agreement
By Alison Acosta Fraser and Todd F. Gaziano
(WebMemo #2089)
Administration and congressional negotiators reached agreement early Sunday on a package of actions to address the alarming financial situation facing the U.S. economy.  Although several ...

September 26, 2008
The Housing Bailout: Constitutional Infirmities Remain, but a Ray of Hope
By Andrew M. Grossman, Robert Alt, Todd Gaziano
(WebMemo #2086)
Congress can put together a plan that does not violate our fundamental law. Those who, for reasons of economic policy, favor the leadership/White House proposal ...

September 24, 2008
All Deliberate Speed: Constitutional Fidelity and Prudent Policy Go Hand in Hand in Fixing the Credit Crisis
By Todd F. Gaziano and Andrew M. Grossman
(WebMemo #2079)
For sound policy and constitutional reasons, Congress should not recess until it acts on a solution to the credit crisis, but it should also be ...

September 17, 2008
The MySpace Suicide: A Case Study in Overcriminalization
By Andrew M. Grossman
(Legal Memorandum #32)
Lori Drew faces charges under a federal anti-hacking statute and could wind up in jail, but her behavior, while obviously wrong, was not criminal. Overcriminalization ...

September 5, 2008
Absentee Ballot Fraud: A Stolen Election in Greene County, Alabama
By Hans A. von Spakovsky
(Legal Memorandum #31)
The 1994 Greene County, Alabama, election fraud case shows how easily crooked politicians can abuse absentee ballots to disenfranchise voters. Because the risk of fraud ...

September 5, 2008
Executive Summary: Absentee Ballot Fraud: A Stolen Election in Greene County, Alabama
By Hans A. von Spakovsky
(Executive Summary #31)
Executive Summary: The 1994 Greene County, Alabama, election fraud case shows how easily crooked politicians can abuse absentee ballots to disenfranchise voters. Because the risk ...

August 29, 2008
Making It a Federal Case: An Inside View of the Pressures to Federalize Crime
By Rachel Brand
(Legal Memorandum #30)
A lack of public understanding of the problem of over-federalization results in political pressures that make it difficult for the executive branch to combat the ...

August 18, 2008
The Senate's ADA Amendments Act: Only Half Bad
By Andrew M. Grossman
(WebMemo #2028)
Now is not the right time to expand ADA coverage, but if legislation is inevitable, Congress should still reject approaches that muddy the meaning of ...

July 30, 2008
Enumerated Powers Act Brings the Constitution to Capitol Hill
By Andrew M. Grossman
(Legal Memorandum #29)
The Enumerated Powers Act would be a small step toward reviving the practice of constitutionally limited government. Although it would not stop Congress from passing ...

July 29, 2008
Testimony Before the Subcommittee on Crime, Terrorism, and Homeland Security of the United States House of Representatives Committee on the Judiciary
By David B. Muhlhausen, Ph.D.
(Testimony )
Testimony Before the Subcommittee on Crime, Terrorism, and Homeland Security of the United States House of Representatives Committee on the Judiciary

July 15, 2008
Defining Disability Down: The ADA Amendments Act's Dangerous Details
By Andrew M. Grossman
(Testimony )
Testimony before The Committee on Health, Education, Labor, and Pensions,
United States Senate

July 10, 2008
The Threat of Non-Citizen Voting
By Hans A. von Spakovsky
(Legal Memorandum #28)
Americans disagree on many areas of immigration policy, but not on the basic principle that only citizens should be able to vote in elections. To ...

July 2, 2008
The ADA Restoration Act: Defining Disability Down
By Andrew M. Grossman and James Sherk
(Legal Memorandum #27)
The ADA Restoration Act would water down the definition of disability, potentially allowing the bulk of American workers to claim disability status and the protections ...

June 16, 2008
Revisiting the Explosive Growth of Federal Crimes
By John S. Baker, Jr.
(Legal Memorandum #26)
Congress has enacted 452 new crimes over the eight-year period between 2000 and 2007—a rate of about 57 new crimes per year—for a total of ...

May 20, 2008
California Court's Judicial Activism Threatens the Institution of Marriage
By Jennifer A. Marshall, Daniel Patrick Moloney, Ph.D. and Matthew Spalding, Ph.D.
(WebMemo #1932)
On May 15, 2008, the California Supreme Court overturned California voters' 61 percent majority, expressed in 2000's Proposition 22, in favor of affirming marriage as ...

May 16, 2008
No-Match Immigration Enforcement: Time for Action
By Charles D. Stimson and Andrew M. Grossman
(Legal Memorandum #25)
The next Administration is unlikely to take workplace immigration enforcement seriously. Now is the time to put employers on notice that they cannot bury their ...

May 15, 2008
'Sunshine' Should Not Trump Privacy in Civil Litigation
By Andrew M. Grossman
(Legal Memorandum #24)
The Sunshine in Litigation Act would limit judges' discretion to approve and enforce litigants' confidentiality agreements. In many cases, discovery would grind to a halt ...

April 16, 2008
Where There's Smoke, There's Fire: 100,000 Stolen Votes in Chicago
By Hans A. von Spakovsky
(Legal Memorandum #23)
Chicago’s decades-long voting-fraud experience involved techniques that have come to light in recent elections in Philadelphia, Wisconsin, and Tennessee, among other locations, and point toward ...

April 4, 2008
Keep Track of Crack Cocaine Facts
By Charles D. Stimson and Andrew M. Grossman
(WebMemo #1882)
The Department of Justice should collect and regularly publish facts on the effect of new guidelines granting retroactive application of lower prison sentences.

March 14, 2008
The Urge to Over-Legislate: Criminal Law and Public Opinion in the United Kingdom
By Judge Inigo Bing
(Heritage Lecture #1064)
In the 10 years in which Tony Blair was Prime Minister in Britain a total of 3,023 new offenses were legislated--roughly two new crimes created ...

March 14, 2008
The Second Amendment Comes Before the Supreme Court: The Issues and the Arguments
By Nelson Lund, Ph.D.
(WebMemo #1851)
D.C.'s effort to disarm the residents of that city is unconstitutional.

March 14, 2008
National Security Letters: Three Important Facts
By Charles D. Stimson and Andrew M. Grossman
(WebMemo #1853)
National security letters are an indispensable tool in national security investigations.

March 12, 2008
FISA Modernization Is Not About "Warrantless Wiretapping"
By Andrew M. Grossman
(WebMemo #1847)
Making permanent the authorities of the now-expired Protect America Act has only an incidental relation to Americans' communications.

March 10, 2008
Stolen Identities, Stolen Votes: A Case Study in Voter Impersonation
By Hans A. von Spakovsky
(Legal Memorandum #22)
Contrary to claims made by prominent newspapers and attorneys, in-person voting fraud is a real problem. It is also widespread, as documented in reports and ...

March 3, 2008
Senate CPSC Bill: A Boon for Trial Lawyers at the Expense of Product Safety
By Andrew Grossman
(WebMemo #1831)
Congress should avoid policies that raise the cost of doing business, increase legal uncertainty and risk, and threaten jobs.

March 3, 2008
Consumer Product Safety Bill May Need a Recall
By James Gattuso
(WebMemo #1832)
The House and Senate bills could end up increasing bureaucracy and litigation rather than consumer safety.

February 14, 2008
Human Trafficking Reauthorization Would Undermine Existing Anti-Trafficking Efforts and Constitutional Federalism
By Brian W. Walsh and Andrew M. Grossman
(Legal Memorandum #21)
The current version of the William Wilberforce Trafficking Victims Protection Reauthorization Act would undermine accountability by inviting officials at all levels of government to "pass ...

January 31, 2008
Congress Must Stop Playing Politics with FISA and National Security
By James Jay Carafano, Ph.D., Robert Alt, and Andrew M. Grossman
(WebMemo #1791)
Congress's 15-day extension of the Protect America Act puts intelligence-gatherers in an impossible situation.

January 28, 2008
ADA Restoration Act: Undermining the Employer-Employee Relationship
By James Sherk and Andrew M. Grossman
(WebMemo #1785)
Congress should consider the impact that this legislation would have across the economy and on so many employers and diligent workers.

January 25, 2008
The Intelligence Community Needs Clear - and Permanent - FISA Reform
By Robert Alt, Todd Gaziano, and Brian W. Walsh
(WebMemo #1782)
Congress should take the steps necessary to avoid hobbling America’s wartime intelligence-gathering abilities.

January 18, 2008
The Federal Government’s Brief in the D.C. Gun Ban Case: A Glass That Is More Than Half Full
By Todd Gaziano and Andrew M. Grossman
(WebMemo #1775)
The Solicitor General got the big question right: Americans do have a right to keep and bear arms.

October 19, 2007
The Decline and Fall of the Right to Property: Government as Universal Landlord
By Edward J. Erler, Ph.D.
(First Principles #15)
The Supreme Court's decision in Kelo v. City of New London indicates that the right to property must now be considered only a conditional right; ...

October 16, 2007
Modernize FISA, But Don't Hobble American Intelligence Operations
By Brian W. Walsh and Todd Gaziano
(WebMemo #1666)
Congress should not impose unconstitutional restrictions on the ability of the executive branch to carry out one of its primary, constitutionally mandated functions: protecting Americans ...

September 17, 2007
The Gang  Abatement and Prevention Act: A Counterproductive and Unconstitutional Intrusion into State and Local Responsibilities
By Erica Little and Brian W. Walsh
(WebMemo #1619)
The best way to combat gang crime is to adhere to the principles of federalism by respecting the allocation of responsibilities among national, state, and ...

September 11, 2007
New Analysis Shows Voter Identification Laws Do Not Reduce Turnout
By David B. Muhlhausen, Ph.D., and Keri Weber Sikich
(Center for Data Analysis Report #07-04)
Controlling for factors that influence voter turnout, voter identification laws largely do not have the claimed negative impact on voter turnout based on state-to-state comparisons. ...

July 26, 2007
The Constitution and Voting Representation for the District of Columbia
By Nathaniel Ward
(WebMemo #1569)
A Senate bill that would grant the District of Columbia a full representative in Congress is a highly problematic and unconstitutional solution to the very ...

July 13, 2007
Dispelling Misconceptions: Guantanamo Bay Detainee Procedures Exceed the Requirements of the U.S. Constitution, U.S. Law, and Customary International Law
By Steven Groves and Brian W. Walsh
(WebMemo #1556)
Contrary to the claims of the Bush Administration's critics, the detainees held at Guantanamo actually receive the most systematic and extensive procedural protections afforded to ...

July 9, 2007
The President's Broad Power to Pardon and Commute
By James Pfiffner, Ph.D.
(WebMemo #1543)
Whatever the merits of President Bush's decision to commute Mr. Libby’s sentence, there is little doubt that it was a permissible act under the Constitution. ...

July 5, 2007
The War on Terrorism: Habeas Corpus On and Off the Battlefield
By James Jay Carafano, Ph.D.
(WebMemo #1535)
Extending habeas corpus rights to unlawful enemy combatants would impede military operations, undermine the laws of war, and unnecessarily burden an already fair legal process. ...

June 6, 2007
Executive Summary: Gang Crime: Effective and Constitutional Policies to Stop Violent Gangs
By David B. Muhlhausen, Ph.D., and Erica Little
(Executive Summary #LM20)
Executive Summary: To address gang-related crime appropriately, the national government should adhere to federalist principles and limit itself to tasks that are within its constitutionally ...

June 6, 2007
Gang Crime: Effective and Constitutional Policies to Stop Violent Gangs
By David B. Muhlhausen, Ph.D., and Erica Little
(Legal Memorandum #20)
To address gang-related crime appropriately, the national government should adhere to federalist principles and limit itself to tasks that are within its constitutionally designed sphere ...

June 5, 2007
Federalizing "Gang Crime" Remains Counterproductive and Dangerous
By Erica Little and Brian W. Walsh
(WebMemo #1486)
If Congress is serious about addressing gang crime, it should consider policies that build upon, rather than undermine, federalism.

May 23, 2007
Back to Muzak? Congress and the Un-Fairness Doctrine
By James Gattuso
(WebMemo #1472)
Members of Congress must resist efforts to resurrect the unconstitutional and unnecessary federal power to regulate "fairness" in broadcasting.

May 15, 2007
A New Gag Rule: How the Executive Branch Reform Act Violates Civil Liberty
By Brian W. Walsh, Matthew Spalding, and Andrew M. Grossman
(WebMemo #1456)
The Executive Branch Reform Act would pose grave threats to individual Americans’ rights to free speech and to petition the government, threaten the constitutional separation ...

May 2, 2007
The Native Hawaiian Government Reorganization Act
By The Heritage Foundation
(WebMemo )
Resources on The Native Hawaiian Government Reorganization Act

March 22, 2007
The Constitution and the District of Columbia
By Lee A. Casey
(WebMemo #1404)
Statehood is the clear preference of District of Columbia voting-rights advocates, but the proposal would require a constitutional amendment.

February 6, 2007
Congress's Iraq Resolutions: Without Resolve or Constitutional Purpose
By Todd Gaziano, Steven Groves, and Brian Walsh
(WebMemo #1347)
The proposed Iraq resolutions are an abuse of Congress's authority and an unreasonable interference with the President's exclusive authority to make strategic military decisions during ...

November 6, 2006
What We Have Here Is Failure to Cooperate: The Thompson Memorandum and Federal Prosecution of White-Collar Crime
By Brian W. Walsh
(Legal Memorandum #19)
A federal court in Manhattan ruled that Justice Department policies and practices for investigating alleged white-collar crime are unconstitutional.

November 6, 2006
What We Have Here Is Failure to Cooperate: The Thompson Memorandum and Federal Prosecution of White-Collar Crime
By Brian M. Walsh
(Executive Summary #LM19)
A federal court in Manhattan ruled that Justice Department policies and practices for investigating alleged white-collar crime are unconstitutional. These policies and practices are undermining ...

September 22, 2006
Federalizing "Gang Crime" Is Counterproductive and Dangerous
By Erica Little and Brian W. Walsh
(WebMemo #1221)
Proposed legislation would undermine federalism and retard law enforcement.

September 18, 2006
Congress Should Compromise on Military Commissions
By James Jay Carafano, Ph.D.
(WebMemo #1216)
Establishing military commissions to try terrorists should not be a battleground for debating the president's ability to interpret the Geneva Conventions.

September 15, 2006
An Immoral Law: Congress Should Not Criminalize “Price Gouging” of Gasoline
By Todd Gaziano
(WebMemo #1214)
Imposing criminal liability for raising prices in a competitive market is ludicrous.

September 12, 2006
The Thompson Memorandum's Effect On The Right To Counsel In Corporate Investigations
By Edwin Meese III
(Testimony )
Thank you for inviting my views on the United States Department of Justice’s policies and procedures for investigating suspected financial crimes by business organizations, including ...

August 15, 2006
Rethinking Vicarious Criminal Liability: Corporate Culpability for White-Collar Crime
By John Hasnas
(WebMemo #1195)
Corporations that are not culpable for their employees' crimes should not be criminally liable for them either.

July 10, 2006
The Voting Rights Act Reauthorization
By The Heritage Foundation
(WebMemo )
Resources on the Voting Rights Act Reauthorization

June 8, 2006
Abusing Hawaiian History: Hawaiians Knew Their History in 1959
By Erica Little and Todd Gaziano
(WebMemo #1117)
Hawaiian history rejects the idea of race-based rule

June 6, 2006
The 'Native Hawaiian' Bill: An Unconstitutional Approach in Furtherance of a Terrible Idea
By Edwin Meese III and Todd Gaziano
(WebMemo #1114)
The U.S. Senate is scheduled to begin debate as early as June 7, 2006, on the misleadingly named "Native Hawaiian Government Reorganization Act of 2005" ...

March 30, 2006
From Feudalism to Consent: Rethinking Birthright Citizenship
By John C. Eastman, Ph.D
(Legal Memorandum #18)
The view that mere birth on U.S. soil is sufficient to obtain U.S. citizenship is incompatible with the Citizenship Clause of the Fourteenth Amendment and ...

March 3, 2006
From Constitutional Interpretation to Judicial Activism: The Transformation of Judicial Review in America
By Christopher Wolfe, Ph.D.
(First Principles #2)
To understand contemporary political debates regarding judicial power, one must understand the theory and history of judicial review. Judicial review is no longer the limited ...

December 21, 2005
Domestic Surveillance: Dual Priorities, National Security and Civil Liberties, Must Be Met
By James Jay Carafano, Todd Gaziano, and Alane Kochems
(WebMemo #950)
Wars cannot be won by sacrificing national security or fundamental civil liberties.

December 15, 2005
The Defense Base Act and Contractor Liability: Give Federal Courts Exclusive Jurisdiction
By Alane Kochems
(WebMemo #942)
Congress should address liability issues that have been dogging military contractors with employees working in foreign theaters.

December 1, 2005
Birthright Citizenship and the Constitution
By Edward Erler
(WebMemo #925)
Before the adoption of the Fourteenth Amendment, citizens of the states were automatically considered citizens of the United States. In 1857, the Dred Scott v. ...

December 1, 2005
Congress and the Naturalization of Immigrants
By Joseph Bessette
(WebMemo #926)
Few powers are more fundamental to sovereignty than the control over immigration and the vesting of citizenship in aliens (naturalization). According to the Declaration of ...

September 16, 2005
The Takings Clause
By Douglas W. Kmiec
(WebMemo #843)
Its original meaning.

July 20, 2005
Same-Sex "Marriage" in Canada: A Guide for American Legislators
By Bradley C. S. Watson
(Backgrounder #1870)
Canada shares several important characteristics with the United States: a complex federal system, activist courts, and evolving public opinion on questions related to homosexuality. One ...

July 19, 2005
Advice and Consent: What the Constitution Says
By John McGinnis
(WebMemo #800)
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, ...

July 14, 2005
Chertoff Takes Charge
By James Jay Carafano, Ph.D., and Paul Rosenzweig
(WebMemo #795)
Congress should support Secretary Chertoff's plan to reform DHS.

July 11, 2005
Lessons from London: Implications for the Patriot Act
By James Jay Carafano, Ph.D., Paul Rosenzweig, and Alane Kochems
(WebMemo #791)
Congress should renew the provisions of the Patriot Act set to sunset at the end of the year.

June 30, 2005
Immigration Removal Procedures Implemented in the Aftermath of the September 11th Attacks
By Paul Rosenzweig
(Testimony )
The Federal government has very wide Constitutional authority to deal with matters of immigration.  And it also has a Constitutional obligation to insure national security.  ...

June 29, 2005
Improving Pre-Screening of Aviation Passengers Against Terrorist and Other Watch Lists
By Paul Rosenzweig
(Testimony )
One common critique offered by skeptics of new initiatives to combat terrorism is the concern that advances in information technology will unreasonably erode the privacy ...

June 27, 2005
Congress Should Lift OPEC's Immunity
By Ariel Cohen and William L.T. Schirano
(WebMemo #777)
A first step towards a free market in oil production.

June 2, 2005
Alternatives to Amnesty: Proposals for Fair and Effective Immigration Reform
By Edwin Meese III, James Jay Carafano, Ph.D., Matthew Spalding, Ph.D., and Paul Rosenzweig
(Backgrounder #1858)
Congress and the President must reduce the number of individuals unlawfully present in the United States through a comprehensive solution that fosters national security, a ...

April 11, 2005
Judicial Usurpation and the Constitution: Historical and Contemporary Issues
By Robert P. George
(Heritage Lecture #871)
Decisions in which the courts usurp the authority of the people are not merely incorrect; they are themselves unconstitutional. If we do not have a ...

February 15, 2005
Sentencing in a Post-Booker World - It's Deja Vu All Over Again
By Paul Rosenzweig
(Testimony )
Since 1987, Federal defendants have been sentenced under a determinate sentencing system intended to enhance uniformity and consistency by accounting for the so-called "real offense" ...

February 11, 2005
True Faith and Allegiance
By The Honorable John Ashcroft
(Heritage Lecture #865)
How best to nurture and defend liberty is the unending challenge of any self-governing people. September 11, 2001, reminded us that our love of freedom ...

February 11, 2005
Federal Prosecution Policy and the Attorney-Client Privilege
By Paul Rosenzweig
(Testimony )
When confronted with a conundrum of the sort presented by the Department of Justice's policy on attorney-client privilege waiver, it is useful, in my view, ...

November 17, 2004
Sentencing In A Post-Booker And Fanfan World
By Paul Rosenzweig
(Testimony )
At the risk of sounding somewhat overly dramatic, we are, to paraphrase Abraham Lincoln, engaged in a great civil debate to decide whether the current ...

November 1, 2004
The Electoral College: Enlightened Democracy
By Tara Ross
(Legal Memorandum #15)
America's election systems have operated smoothly for more than 200 years because the Electoral College accomplishes its intended purposes. America's presidential election process preserves federalism, ...

November 1, 2004
Executive Summary: The Electoral College: Enlightened Democracy
By Tara Ross
(Executive Summary #15)
Executive Assistant: America's election systems have operated smoothly for more than 200 years because the Electoral College accomplishes its intended purposes. America's presidential election process ...

October 4, 2004
The Sociological Origins of "White-Collar Crime"
By John S. Baker, Jr.
(Legal Memorandum #14)
Many federal offenses prosecuted under the label of "white-collar crime" are regulatory, rather than true crimes, requiring no proof of criminal intent. Under this conception ...

September 16, 2004
Preventive Detention and Actionable Intelligence
By Paul Rosenzweig and James Jay Carafano, Ph.D.
(Legal Memorandum #13)
Much good and accurate intelligence information on terrorists and their activities is not suitable for use in our existing criminal justice system. America needs to ...

June 21, 2004
Biometric Technologies: Security, Legal, and Policy Implications
By Paul Rosenzweig, Alane Kochems, and Ari Schwartz
(Legal Memorandum #12)
Advanced technology is a competitive advantage for the United States, and it must be used if the country is to win its war on terrorism. ...

May 26, 2004
Technologies That Can Protect Privacy as Information Is Shared to Combat Terrorism
By James X. Dempsey and Paul Rosenzweig
(Legal Memorandum #11)
Government access to and use of personal information raises concerns about the protection of privacy and due process as information technology is used to combat ...

May 17, 2004
A Defining Moment: Marriage, the Courts, and the Constitution
By Matthew Spalding, Ph.D.
(Backgrounder #1759)
The most responsible step Congress can take to preserve marriage is to send a constitutional amendment that protects the institution of marriage to the states ...

May 5, 2004
Aiding Terrorists - An Examination of the Material Support Statute
By Paul Rosenzweig
(Testimony )
.  I have said often since September 11 that the civil liberty/national security question is the single most significant domestic legal issue facing America today, ...

May 5, 2004
Abraham Lincoln and Civil Liberties in Wartime
By The Honorable Frank J. Williams
(Heritage Lecture #834)
During the Civil War, Abraham Lincoln declared martial law and authorized military tribunals to try terrorists because they could act quickly, gather intelligence through interrogation, ...

April 13, 2004
E-Passports: A Strategy for Long-Term Success
By Ha Nguyen, Paul Rosenzweig, and James Jay Carafano, Ph.D.
(Executive Memorandum #921)
Congress should consolidate all visa activities within the Department of Homeland Security and should also extend the deadline for e-passport implementation.  To protect privacy, biometric ...

March 19, 2004
Anti-Terrorism Efforts, Civil Liberty
By Paul Rosenzweig
(Testimony )
The challenge of maintaining the balance between security and constitutionally protected freedoms inherent in responding to the threat of terror, in the particular context of ...

March 17, 2004
The Transportation Security Adiminstration's CAPPS II
By Paul Rosenzweig
(Testimony )
The civil liberty/national security question is the single most significant domestic legal issue facing America today, bar none.  And, as is reflected in my testimony ...

November 19, 2003
In Defense of Marriage
By Matthew Spalding, Ph.D. and Joseph Loconte
(WebMemo #373)
Marriage is an "an evolving paradigm."  So says Massachusetts' Supreme Judicial Court, in a 4-3 decision that has vast implications for the growing national debate ...

November 12, 2003
Sentencing Authority and the Separation of Powers: "Who Decides Sentences at the Front End?"
By Paul Rosenzweig
(Testimony )
Sentencing Authority and the Separation of Powers: "Who Decides Sentences at the Front End?"

October 27, 2003
Better Intelligence Sharing for Visa Issuance and Monitoring: An Imperative for Homeland Security
By James Jay Carafano, Ph.D., and Ha Nguyen
(Backgrounder #1699)
Since September 11, 2001, keeping visas out of the hands of terrorists has been a top priority for the Administration and Congress. Congress needs a ...

April 17, 2003
The Over-Criminalization of Social and Economic Conduct
By Paul Rosenzweig
(Legal Memorandum #7)
The law has now gone far from that model of liability for an act and, in effect, begun to impose criminal liability for the acts ...

April 17, 2003
The Over-Criminalization of Social and Economic Conduct
By Paul Rosenzweig
(Executive Summary #LM 7)
The Over-Criminalization of Social and Economic Conduct

October 10, 2002
A Diminished Judiciary: The Causes and Effects of the Sustained High Vacancy Rates in the Federal Courts
By Todd F. Gaziano
(Testimony )
Ten Democrats on the Senate Judiciary Committee are holding judicial nominees hostage in an attempt to hold vacancies open for liberal judicial activists. The long-term ...

June 27, 2002
Pledge of Allegiance Ruling Will Not Stand
By The Heritage Foundation
(WebMemo #121)
Newdow v. U.S. Congress will not stand. It is in direct opposition to written documents of America's founding, and provides further evidence of unelected judges ...

April 30, 2002
The State of the Judicial Confirmation Process
By The Honorable Mitch McConnell
(Heritage Lecture #740)
There exists an all-out effort to defeat Judge Charles Pickering. This effort, though, is just the most high-profile example of a plan which some on ...

April 25, 2002
The 'Presidential Records Act Amendment of 2002' and other procedures for invocation of executive privilege
By Todd F. Gaziano
(Testimony )
With the preceding framework in mind, there are several provisions of H.R. 4187 that appear to be flatly unconstitutional and others that raise serious constitutional ...

February 7, 2002
Civil Rights and Wrongs: A New Agenda for a New Era
By Peter N. Kirsanow
(Heritage Lecture #731)
Three ways in which King's message is profoundly conservative and relevant today.

November 5, 2001
Bringing Al-Qaeda to Justice: The Constitutionality of Trying Al-Qaeda Terrorists in the Military Justice System
By David B. Rivkin, Jr., Lee A. Casey, and Darin R Bartram
(Legal Memorandum #3)
The accompanying legal memorandum explores the question of whether it is constitutional to try members of the al-Qaeda terrorist network, who may have been involved ...

November 5, 2001
Bringing Al-Qaeda to Justice: The Constitutionality of Trying Al-Qaeda Terrorists in the Military Justice System
By David B. Rivkin, Jr., Lee A. Casey, and Darin R Bartram
(Executive Summary #3)
LM3ES: Bringing Al-Qaeda to Justice: The Constitutionality of Trying Al-Qaeda Terrorists in the Military Justice System

February 21, 2001
The Use and Abuse of Executive Orders and Other Presidential Directives
By Todd F. Gaziano
(Legal Memorandum #2)
The Use and Abuse of Executive Orders and Other Presidential Directives

February 21, 2001
The Use and Abuse of Executive Orders and Other Presidential Directives
By Todd F. Gaziano
(Executive Summary #2)
LM2ES: The Use and Abuse of Executive Orders and Other Presidential Directives

February 12, 2001
Top Ten Myths About Campaign Finance Reform
By Todd F. Gaziano
(Legal Memorandum #5)
Top Ten Myths About Campaign Finance Reform

December 5, 2000
The Number of Electors Necessary for the Election of a President
By Edwin Meese III, Todd F. Gaziano, and Matthew Spalding, Ph.D.
(Legal Memorandum #1)
The argument that it takes only a simple majority of electors voting to elect the President, as opposed to a majority of the whole number, ...

December 5, 2000
The Number of Electors Necessary for the Election of a President
By Edwin Meese III, Todd F. Gaziano, and Matthew Spalding, Ph.D.
(Executive Summary #1)
The argument that it takes only a simple majority of electors voting to elect the President, as opposed to a majority of the whole number, ...

July 30, 1999
Federal Litigation Against the Tobacco Industry: Elevating Politics Over Law
By Todd F. Gaziano
(Executive Summary #1315)
BG1315ES: Federal Litigation Against the Tobacco Industry: Elevating Politics Over Law

July 30, 1999
Federal Litigation Against the Tobacco Industry: Elevating Politics Over Law
By Todd F. Gaziano
(Backgrounder #1315)
Regardless of the merits of the legislative options, this litigation approach is wrong and would undermine the rule of law.

July 22, 1999
Time for Congress to Hold the Legal Services Corporation Accountable
By Virginia L. Thomas and Ryan H. Rogers
(Executive Summary #1312)
BG1312ES: Time for Congress to Hold the Legal Services Corporation Accountable

July 22, 1999
Time for Congress to Hold the Legal Services Corporation Accountable
By Virginia L. Thomas and Ryan H. Rogers
(Backgrounder #1312)
The LSC is a federally funded agency with 269 grantee offices around the country that have provided over $6 billion of free legal aid to ...

January 9, 1998
Support and Defend: How Congress Can Save the Constitution from the Supreme Court
By Matthew J. Franck
(Heritage Lecture #604)
Congress must take its rightful role in interpreting and upholding the constitution

March 18, 1997
Courting Disaster: Judicial Despotism in the Age of Russell Clark
By Senator John Ascroft
(Heritage Lecture #580)
The courts fail to check federal power

May 17, 1996
The Legal Services Corporation: New Funding, New Loopholes, Old Games
By Boehm, Kenneth F.
(Backgrounder Update #276)

January 29, 1996
Ending Judicial Dictatorship
By Patrick J. Buchanan
(Heritage Lecture #553)
Judges impose a tyranny of the minority

October 19, 1995
Why the Legal Services Corporation Must be Abolished
By Kenneth F. Boehm and Peter T. Flaherty
(Backgrounder #1057)
Unjust to society, unjust to the poor

October 11, 1994
Reining in Federal Judges: The Crime Bill's Unexpected Gift to The States
By Smith , Wesley ; Seay , Douglas
(FYI #40)

November 12, 1993
Justice Unbalanced: Congress and Prosecutorial Discretion
By Civiletti, Benjamin R.
(Heritage Lecture #472)

July 29, 1993
Human Rights Treaty Poses Dangers for America
By Andrew J. Cowin
(Executive Memorandum #361)
The International Covenant on Economic, Social and Cultural Rights establishes the rights to housing, food, a fair wage, paid vacations, health care, and other expensive ...

May 20, 1993
A Case for Principled Judicial Activism
By James L. Huffman
(Heritage Lecture #456)
Restraint should not mean failure to act to protect the constitution

April 10, 1993
Conservatism and the Rehnquist Court
By David F. Forte
(Heritage Lecture #438)
Renquist court evaluated in terms of federalism, separation of powers, and protection of rights

March 15, 1993
Courts, Cases, and Conservatives in the 1990s
By Hill, Jerald L.
(Heritage Lecture #439)

February 12, 1992
A Jurisprudence of Natural Rights: How an Earlier Generation of Judges Did It
By Arkes, Hadley
(Heritage Lecture #364)

November 15, 1991
Reform the Judicial Nomination Process Now: Five Proposals for a Return to Senatorial Comity
By Devine, Donald J.
(Heritage Lecture #351)

September 10, 1991
The Quest for Justice: Natural Rights and the Future of Public Interest Law
By William H. Mellor, III and Clint Bolick
(Heritage Lecture #342)
Founders introduce the Institute for Justice

September 28, 1990
The Textile Import Restriction Bill Deserves a Bush Veto
By Johnson, Bryan T.
(Executive Memorandum #284)

September 28, 1989
The Supreme Court and Civil Rights: A Challenge for George Bush
By Bolick, Clint
(Backgrounder #728)

June 14, 1989
No More Justice Delayed: Time To Divide the Ninth Circuit Court of Appeals
By Suarez, Aquiles F.
(Backgrounder #711)

September 23, 1988
Without Reforms, The Legal Services Corporation Bill Deserves a Veto
By Hoppe, David
(Executive Memorandum #214)

March 16, 1988
Reagan's Wise Veto of the "Grove City" Bill
By Jones, Gordon S.
(Executive Memorandum #190)

August 14, 1987
A Common Lawyer Looks at Administrative Law
By Arnold, Honorable Morris S.
(Heritage Lecture #121)

February 19, 1987
A World Court Decision Allows the United Nations to Impose Laws on the U.S.
By Dewey, Thomas E. L.
(Backgrounder Update #37)

January 22, 1987
The Liability Insurance Crisis: What Next
By Gattuso, James L.
(Backgrounder Update #35)

September 17, 1986
The Legal Services Corporation: Turning Back the Clock
By Gattuso, James L.
(Backgrounder Update #22)

June 30, 1986
The American Consumer Pays Dearly for the Liability Insurance Crisis
By Copulos, Milton R.
(Backgrounder #519)

May 21, 1986
A Sick Tort System Endangers U.S. Health Care
By Ferrara, Peter J.
(Backgrounder #511)

May 14, 1986
The Liability Insurance Crisis
By Gattuso, James L.
(Backgrounder Update #10)

March 27, 1986
The Liability Insurance Crisis: What Washington Can Do To Help
By Gattuso, James L. ; B Buttarazz, John E.
(Backgrounder #498)

March 19, 1986
New Ways to Provide Legal Services to the Poor
By Gattuso, James L.
(Backgrounder #496)

May 15, 1985
An Rx for the Product Liability Epidemic
By Copulos, Milton R.
(Backgrounder #434)

July 21, 1982
"The ""Exclusionary Rule"": Time for Reform"
By Dunn, Robert B.
(Backgrounder #198)

June 25, 1980
Congress and the Supreme Court : Court Jurisdiction and School Prayer
By Ascik, Thomas R.
(Backgrounder #123)

September 2, 1977
The. First Amendment and Freedom of Speech in America
By Francis, Samuel T.
(Backgrounder #35)