Separation of Powers

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, … ...

After an action-packed start to the term, the Supreme Court returns to the bench next week for the first winter oral argument sitting. And while the term was frontloaded with headline-grabbing cases, the court has a few high-profile cases coming up — and even more waiting in the wings. In February, the justices will hear … ...

Every year, millions of kids wake up on Christmas to find that jolly old St. Nick has rendered his verdict on their performance over the past 12 months. Most think of Christmas morning as a time of joy and merriment; in reality, it’s merely the sentencing phase of a kangaroo court overseen by an out-of-touch … ...

As support swelled for America’s independence from England, an open question puzzled some hesitant colonists: Who will lead the new country? Thomas Paine had an answer: “In America, the law is king.” And so began a legal tradition like no other. Our written Constitution of limited and enumerated powers put forth a revolutionary id ...

The in-house courts of the Securities and Exchange Commission (SEC) are not just at odds with the separation of powers, they also don’t serve their alleged purpose of efficient justice. In Federalist 47, James Madison, quoting Montesquieu, warned that government would become an oppressor if the prosecutor were “joined” with the ju ...

In the wake of the Supreme Court’s West Virginia v. EPA decision in June, prominent commentators complained that Congress is too broken to solve major problems, and thus, the executive branch must take action—even if it’s unlawful. … ...

In 2019, barbeque pitmaster Mark Shirley of Walstonburg decided to test his entrepreneurial skills by launching his own food truck business, Ole Time Smokehouse. If he succeeded, he thought, he might eventually expand into a brick-and-mortar restaurant. Ole Time Smokehouse was indeed a hit, as Shirley built up a base of loyal customers in and R ...

Arbitrary government has no place in our constitutional order. Yet many of today’s most significant federal policies reflect blatant abuses of presidential discretion. To cite the latest example, President Biden continues to maintain an indefinite state of “national emergency” for the COVID-19 pandemic, even though he declared in ...

Faced with a Congress that would not endorse his expansive regulatory agenda, President Obama famously remarked, “I’ve got a pen and I’ve got a phone.” Almost 10 years later, governing by executive fiat continues. The latest round of policymaking by pen and phone came when President Biden designated 53,804 acres of land in n ...