The government regulated rideshare drivers and entrepreneurs, violating principles of federalism
In recent months, state and national governments have acted beyond their constitutional authority by imposing restrictive regulations on rideshare drivers and entrepreneurs. Despite clear constitutional boundaries, governments have unconstitutionally denied out-of-state drivers the ability to drive for rideshare services and required business owner ...
Federal court hears case challenging financial surveillance regulation
From a young age, Celia Flowers dreamed of starting her own business, and in 1993, her dreams came true. After buying a title agency, she has successfully scaled her business, which now serves more than 80 counties across Texas. But this week she found herself in a federal courtroom, challenging a federal law that threatens her dreams. Invasive ...
Federalism 240 years after the Constitutional Convention : Federalist 32
Does the federal government have the power to regulate an animal species that lives exclusively in one state? According to the U.S. Fish and Wildlife Service, it does. Somehow, what is otherwise Congress's limited power to regulate interstate commerce can be applied to anything that could potentially move across state lines and potentially impact c ...
The Articles of Confederation were defective. The Constitution solved the problem and better embodied the Declaration of Independence.
Within months of the Declaration of Independence, the new states created a shell of a government, shaped by their experience under British tyranny. But the Articles of Confederation were weak and defective: The primary problem was a powerless federal authority, a government that was more like a union of independent nations than a single, unified co ...
The UK is on track to restrict jury trials—and the U.S. could be next.
This week, British Deputy Prime Minister and Lord Chancellor (a position comparable to the U.S. Attorney General) David Lammy addressed the House of Commons, arguing that legal reform is desperately needed to clear up the backlog of criminal cases. The Crown Court faces an unprecedented number of backlogged cases, which could exceed 100,000 by 2028 ...
National Review : Congress Should Stop Passing the Buck to the Bureaucracy
Lawmakers pass laws full of lofty goals — "promote the public interest" or "ensure fairness" — and leave the tough choices to regulators who weren't on anyone's ballot. It's tidy politics: take credit for ideals, outsource the trade-offs, blame the bureaucracy when the sausage tastes funny. But if we want an accountable government, Congress mus ...
National Review : Speaker Johnson Proves the Necessity of Reviving the Nondelegation Doctrine
During a press conference earlier this month, House Speaker Mike Johnson was asked about Justice Neil Gorsuch's concerns, raised during Supreme Court oral arguments over the legality of the president's tariffs, that Congress had violated the long-dormant "nondelegation doctrine" by delegating too much of its tariff power to the president. Johnso ...
Curing the Mischiefs of Faction : The Federalist Papers Nos. 9 and 10
The power that a group of people united by common passions can wield, and the danger this can present to those outside that group, was top of mind for the men who wrote the Constitution. And it was the topic of Alexander Hamilton's Federalist No. 9 and James Madison's Federalist No. 10, both published 238 years ago today. Written under the pseud ...
Yale Journal on Regulation : Navigating the Web of Agency Authority with AI
Despite the overwhelming concern over the use of artificial intelligence, one of the most promising use cases for AI is regulatory reform. Regulatory accumulation — the slow accumulation of rules, related guidance, case law, and specialized knowledge — has created a knowledge base that no human brain could contain, let alone comprehensively ana ...