Executive Authority:

Waiting on Obama

Waiting on Obama

Originally published in The Daily Caller, December 2, 2013 – Waiting on Obama at the Tarmac – Last Monday morning we awoke to news of a pending storm in the Northeast. We were scheduled to fly Tuesday from Portland, Oregon, to New York for Thanksgiving, arriving about the same time as the forecast storm. So my wife […]

Showdown at Yucca Mountain

Showdown at Yucca Mountain

Originally published in The Daily Caller, August 15, 2013 – By a 2-1 vote, a panel of the United States Court of Appeals for the District of Columbia ruled this week that the Nuclear Regulatory Commission (NRC) must proceed with its evaluation of the Energy Department’s license application for a nuclear waste storage site at Nevada’s Yucca […]

If PRISM Is Good Policy, Why Stop With Terrorism?

If PRISM Is Good Policy, Why Stop With Terrorism?

Reprinted from The Atlantic – by Derek Khanna –   “There are more instance of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.” — James Madison, 1788 My first day in college, the professor for Public Policy 101 asked a […]

Deferring to Leviathan

Deferring to Leviathan

Originally published in The Daily Caller, May 22, 2013 – What the Supreme Court’s decision in Arlington v. FCC means for America – On Monday, the Supreme Court announced its decision in the case of Arlington v. FCC. The issue, according to Justice Scalia’s opinion for a majority that included Justices Thomas, Ginsburg, Sotomayor and […]

Overreach on Fast Forward

Overreach on Fast Forward

Calvin Woodward reports in the Washington Guardian on the quickening pace of Obama Administration regulations.  It’s fast forward in a high speed lane that bypasses Congress.  Read story here.

Obama Overreach

Obama Overreach

Originally published in The Daily Caller, February 7, 2013 – Drone policy isn’t the only area where Obama has stretched his authority — Occasionally, even in today’s hyper-partisan political climate, conservatives and liberals find something to agree about. That President Obama might be abusing his authority in ordering drone strikes on American citizens, without congressional […]

Presidential Smackdown

Presidential Smackdown

Originally published in The Daily Caller, January 26, 2013 – DC Circuit gets it right on NLRB appointments – The Obama administration’s whatever-it-takes theory of constitutional governance hit a bump in the road Friday at the District of Columbia Circuit Court of Appeals. A unanimous three-judge panel of that court ruled (in Noel Canning v. […]

D.C. Circuit Invalidates Recess Appointments

D.C. Circuit Invalidates Recess Appointments

The National Law Journal reports on a D.C. Circuit Court of Appeals decision invalidating President Obama’s appointments to the National Labor Relations Board and calling into question the validity of his appointment of Richard Cordray to the consumer protection agency.  Read NLJ story here.

Who Needs Congress?

Who Needs Congress?

Originally published in The Daily Caller, January 15, 2012 –  Obama’s gun-violence executive orders and the Constitution – As soon as tomorrow, President Obama will announce his administration’s initial steps for dealing with gun violence. It is expected that he will propose measures for congressional action. But recognizing that most legislative proposals will attract powerful resistance, […]

Lisa Jackson’s EPA

Lisa Jackson’s EPA

Originally published in The Daily Caller, December 31, 2012 – Lisa Jackson and the limits of executive power — Lisa Jackson’s departure as administrator of the Environmental Protection Administration (EPA) is being lamented by environmentalists and cautiously celebrated by many in business and industry. Environmentalists have only high praise for Jackson’s aggressive efforts to adopt […]

Senate Republicans Join Suit Challenging Recess Appointments

Senate Republicans Join Suit Challenging Recess Appointments

This story in The Blog of the Legal Times reports that 41 Republican senators have filed an amicus brief in a challenge to President Obama’s “recess” appointments to the National Labor Relations Board.  As the story notes, House Republicans have also filed an amicus brief.

Congressional Favors

Congressional Favors

Writing in yesterday’s New York Times, Fred Bernstein challenges the constituent service role of our elected representatives in Congress.  It’s as if we have elected these people to run complaint departments, rather than solve the enormous challenges our nation faces.

Pelosi Urges More Executive Fiat

Pelosi Urges More Executive Fiat

This report from The Washington Times makes you wonder what House Democrats were and are thinking by having Nancy Pelosi as their leader.  What ever happened to the idea that he legislative branch would be jealous of its own powers and pergatives? House Minority Leader Nancy Pelosi, D-Calif., thinks that President Obama should unilaterally eliminate […]

Rule by Executive Fiat

Rule by Executive Fiat

Charles Krauthammer, writing in yesterday’s Oregonian, argues that President Obama’s declaration that young, undocumented aliens will not be deported is another example of a lawless President in action.  Prediction — Krauthammer will be accused of having no concern for the equities of the President’s effort to assist innocent young people brought to the U.S. illegally […]

Supreme Court Strikes Down Executive Overreach

Supreme Court Strikes Down Executive Overreach

Originally published in The Daily Caller — June 4, 2012 – Supreme Court right to strike down HUD rule – In late May, in the case of Freeman v. Quicken Loans, the United States Supreme Court held that the Department of Housing and Urban Development (HUD) had exceeded its authority under the Real Estate Settlement […]

Judiciary vs. Executive: Round II

Judiciary vs. Executive: Round II

Two days ago, Judge Jerry Smith of the 5th Circuit Court of Appeals ordered the Department of Justice to explain whether the government agreed or disagreed that the federal courts have authority to invalidate laws they find to be beyond Congress’ constitutional authority.  The order was specifically framed in the context of President Obama’s recent […]

Going It Alone at the White House

Going It Alone at the White House

Writing in today’s Wall Street Journal, Laura Meckler documents the ways in which the Obama Administration has expanded executive powers.

The Power of the Prosecutor

The Power of the Prosecutor

This report in The National Law Journal details how the power of the prosecutor was abused in the Ted Stevens case.  It should stand as a reminder of the fundamental importance of our constitutional guarantee of due process.

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