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Separation of Powers

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 ...

December 09, 2019

Impeachment explained: A constitutional primer and history

Americans are sharply divided about the possible impeachment of President Donald Trump. But regardless of how you feel about the controversy, many Americans remain unsure about what impeachment means, how it serves as a tool to enforce our government's separation of powers, and how the Framers of our Constitution intended that tool to be used. ...

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 ...

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