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Separation of Powers

November 01, 2019

California Lawyer: How the high court may rule in Seila Law — and why

The Supreme Court should prevent further erosion of the lines drawn by the Constitution and strike down the CFPB’s for-cause removal protection at issue. The U.S. Supreme Court recently agreed to hear an important separation-of-powers case involving the Consumer Financial Protection Bureau. Seila Law LLC v. CFPB, 19-7. Congress created the CF ...

October 21, 2019

The Hill: Supreme Court will take on ‘fourth branch’ of bureaucracies

As every schoolchild knows, the federal government is divided into the legislative, executive and judicial branches. This separation of powers was designed to ensure that government does not become oppressive. As James Madison put it, combining these powers into one branch would be "the very definition of tyranny." Unfortunately, the three branches ...

October 15, 2019

The Hill: When agencies regulate in secret, none of us is safe

Imagine what it must feel like to have a government agent show up at your door, accuse you of violating some rule you've never heard of, and threaten you with massive fines and imprisonment if you don't do what he says. Wyoming's Andy Johnson doesn't have to imagine; he lived it. His alleged offense: he ...

October 04, 2019

California Lawyer: An innocuous Supreme Court case could be a blockbuster

A bankruptcy proceeding isn’t ordinarily what you think of as a Supreme Court blockbuster. But when the bankruptcy proceeding is brought on behalf of the Commonwealth of Puerto Rico and involves over 100 billion dollars in debt, then everyone should take notice. More than an issue of dollars and cents, the pending challenge to actions ...

August 02, 2019

The Congressional Review Act matters, here’s why

What would your family do with an extra $3,000 a year? Pay down debts? Invest? Save? Go on vacation? An extra few thousand dollars can mean a lot to the average family. That's why recent news about the successful rollback of burdensome regulations is an important first step in the fight against the out-of-control, and ...

July 31, 2019

DailyJournal: Facial recognition ban shows legislation can protect privacy, too

Last month, the San Francisco City Council voted to prohibit city agencies from using facial recognition software on municipal cameras. City officials raised reasonable questions about how the technology would be used, as well as the potential effects on civil liberties. San Francisco is the first major city to ban the use of facial ID ...

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