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Separation of Powers

May 29, 2020

DailyJournal: Executive Order adds historic Regulatory Bill of Rights

Last week, President Donald Trump signed an executive order with far-reaching implications for regulatory agency enforcement procedures and for the rule of law generally. Most press attention has focused on provisions of the order encouraging temporary regulatory suspensions to promote economic recovery. Although the economic relief provisions are ...

May 26, 2020

The Wisconsin Supreme Court stay-at-home ruling defends the Separation of Powers and Individual Liberty

The Wisconsin Supreme Court recently struck down part of Governor Tony Ever's stay-at-home order because the governor and state Department of Health Services enacted the order without any oversight from the legislature which violated the state constitution. This decision has predictably been viewed through a partisan lens—a conservative Supreme C ...

May 26, 2020

The Wall Street Journal: It’s about time we got a Bill of Rights for the regulatory state

One of the first actions of Congress in 1789 was proposing a bill of rights that limited government power and guaranteed the liberties of the American people. Power has since shifted from Congress to an unaccountable regulatory state, but there is no equivalent bill of rights to limit its power or protect liberty in the ...

May 22, 2020

Issues & Insights: The regulatory state is preventing the right people from getting needed COVID-19 supplies

As we consider how to reopen society safely, one problem remains — shortages of accurate COVID-19 tests and personal protective equipment like masks and latex gloves. Many demand that the federal government solve the problem. To be sure, there are things that the federal government can and should do in the face of an international ...

May 20, 2020

City Journal: Can we sue our way out of quarantine?

The longer the lockdowns last and the less necessary that they seem, the more scrutiny courts will apply. State governors from coast to coast issued coronavirus-related lockdown orders about two months ago, closing businesses and restricting people's movements. Government officials have taken unprecedented steps, seemingly without much calculation ...

May 18, 2020

The Hill: Education’s new rules on sexual harassment restore fairness — and it’s about time

Nine years ago, the Obama administration mandated changes to how colleges and universities handle allegations of sexual harassment and assault. Those changes violated both the right of college students to due process and the right of the general public to a rulemaking process that is accountable to the people and not the whims of government ...

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