Separation of Powers

We've heard a lot about draining the swamp over the past eight years, from President-elect Donald Trump when he first landed on the national stage and now, from the dual heads of his new Department of Government Efficiency (DOGE), Elon Musk and Vivek Ramaswamy. But what does that actually mean and entail? In short, draining the swamp should mean ...

You don't have to be a fan of flavored vapes to find the White Lion case, argued on December 2 at the Supreme Court, a fascinating example of a company struggling against an opaque and changing regulatory process.  The Family Smoking Prevention and Tobacco Control Act, passed in 2009 under President Barack Obama, gives the Food and Drug Adminis ...

History is littered with manmade institutions conceived for the noblest ends dashed on the rocks of human frailty. The Egyptian god-king, Athenian democracy, the Roman Senate, the divine right of kings, pitchers hitting in the National League. But among those institutions that have stood the test of time, we find a shining example—inherited from ...

Robert White built a thriving seafood business in North Carolina. With his hard-earned profits, he bought some coastal property as an investment he could one day leave to his children. Eager to improve the property, Robert set out to make the land more productive by reducing its flood risk. But the work ground to a halt and Robert's plans were pu ...

We (and the Court) are back! Hope everyone had a happy and healthy Thanksgiving. This year I'm grateful that unlike Dayton, OH, my city hasn't criminalized charity… yet. This week the Court heard a highly anticipated case involving a law that bans surgeries, puberty blockers, and other gender affirming care for minors. But before we get to the ...

The holiday season is a time for nostalgia, joy, and reflection, and few things capture the spirit of the season like the classic children's holiday specials that have graced television screens for decades. These beloved tales are more than just seasonal entertainment—believe it or not, they offer timeless lessons about the foundations of a free ...

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 ...

If you're accused of a crime in the United States, Article III of the U.S. Constitution guarantees that you will receive a trial by jury. The Sixth Amendment expanded that right to also guarantee "a speedy and public trial, by an impartial jury," in which you are "confronted with the witnesses against you," can compel witnesses in your favor, and " ...

Lately, the Supreme Court has rewritten the textbooks for the study of regulation, known as administrative law. Most scholars ascribe the legal upheaval to politics, period. They say the Court's conservative majority is shaping the law in line with its "anti-regulatory" beliefs. The Justices' values are important, to be sure, but the critics ...