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Separation of Powers

February 27, 2020

The Supreme Court will soon decide whether the Consumer Financial Protection Bureau is unconstitutional

Next week, the Supreme Court will hear arguments in Seila Law v. CFPB. At its core, the case deals with the structure of an administrative government agency. But the Court's decision in Seila Law either will prevent unaccountable government agencies from controlling major aspects of our economy, or will open the door for more bureaucratic ...

February 25, 2020

This regulation could put every small vape manufacturer in the U.S. out of business by May 12

In 2009, President Obama signed into law the Tobacco Control Act, which put new regulations on all tobacco products sold in the U.S. Then, through bureaucratic sleight of hand, the Food and Drug Administration declared that all vaping products—even though they contain zero tobacco—would be regulated as if they were tobacco products. This regula ...

February 20, 2020

National Review: Ending the Administrative State Is an Uphill and Necessary Battle for a Free Nation

James Madison defined tyranny as the "accumulation of all powers, legislative, executive, and judiciary, in the same hands." Yet, according to many prominent progressives, this venerable principle that inspired our constitutional structure is an existential threat to the modern architecture of the federal government. Take, for instance, a New Repub ...

February 10, 2020

The Gainesville Sun: ‘Rights of nature’ would erode rights of individuals

Alachua County environmental activists seek to do something never successfully done in American law: They want to give the Santa Fe River a "right of nature" to sue anyone that injures it. If that sounds crazy, you're not alone: No American court has recognized the "rights" of natural resources to sue. If the activists succeed, ...

January 22, 2020

The Supreme Court cases constitutional law experts are watching

There are many cases before the Supreme Court that will set important precedents in PLF's battleground areas of freedom of speech, property rights, equality before the law, economic liberty, and separation of powers. The decisions to many of these cases have the potential to strengthen Americans’ individual rights, or deliver more power to go ...

January 13, 2020

The Hill: EPA appeals board is unconstitutional without reform

The idea that high government officials must be accountable to the people should be uncontroversial. Democratic accountability is a cardinal principle in a constitutional republic. Requiring government actors to be answerable to the people protects the public from arbitrary and tyrannical governance. In practice, this means significant government d ...

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