Articles

The Supreme Court's recent decisions in West Virginia v. EPA, Loper Bright Enterprises v. Raimondo, and SEC v. Jarkesy have delivered a clear message: the administrative state has exceeded its constitutional bounds. The Trump administration is heeding that message with the announcement of an executive order on February 19 directing agencies to fo ...

Much has been made of Vivek Ramaswamy's exit from DOGE to focus on other aspirations. Some have reported that Elon Musk and Ramaswamy had different visions for DOGE. While Elon Musk has been focused on boosting entrepreneurship, Ramaswamy was focused on constitutional separation of powers. And both are right. While Musk focuses on the symptoms, ...

North Carolina has over 109,000 regulatory restrictions, making it impossible for the average citizen to navigate the world of red tape caused by bloated bureaucracy. Heightening the stakes, these regulations carry the same authority as law, despite never being brought for a vote by elected officials. Unelected bureaucrats increasingly have been ...

Unelected bureaucrats increasingly have been granted the power of both the legislature and the governor, creating and enforcing laws without oversight or constitutional limits. It is time for states to rein in government agencies and hand the keys to power back to elected representatives. Think about how a law gets passed. A bill must be approve ...

Laws are not self-executing. The usefulness of a law depends on it being faithfully carried out. For that reason, legislators often rely on information from government bureaucrats. Unfortunately, many times our policymakers' efforts are tripped up when bureaucrats provide misleading information or just flat out refuse to follow the law. Thirty ...

In federal and state courts around the country, Americans often face an uneven playing field when they square off against executive agencies, thanks to doctrines that require judges to rubber stamp agency interpretations of the law. And while the Supreme Court may be slow-walking the end of Chevron and Auer deference in the federal courts, state co ...

DECEMBER 30, 2020, afternoon Most people were packing up their offices. It was nearly New Year's Eve of an election year at the Health and Human Services (HHS) offices in Washington, DC. Regardless of the skullduggery that goes on there, DC is beautiful around the holidays. Congress is out, so the streets and sideways are emptier than usual. ...

Last Thursday, Tennessee Governor Bill Lee signed a historic piece of legislation that makes the legal system much fairer for Tennessee businesses and individuals. The new law flips wrongful judicial deference (also referred to as agency deference, or as Chevron or Auer deference at the federal level) on its head by instructing courts to review ...

Wisconsin has become the latest state to end the unconstitutional practice of equity theft. Equity theft is a scheme that allows governments to settle an unpaid tax debt by taking a person's private property—and all the equity it has accumulated. Governments often sell that property to private investors, who make windfall profits at the owner' ...