Issue: Procedural Guarantees
The Constitution establishes a separation of powers and express guarantees of due process. The fight for liberty is often a matter of ensuring that those who govern us do not exceed their constitutionally limited authority when enacting and enforcing the law.
At PLF, we: fight to end the modern administrative state, including limiting judicial deference to legislative and administrative judgments; restore separation of powers against improper delegation of authority to bureaucrats; define the limited scope of federal power under the Commerce Clause; revive the doctrine of enumerated powers; and ensure due process of law.
Before making a decision, most organizations take into account the costs and benefits of a proposed action, and will change course if the costs outweigh the benefits. Unfortunately, the federal government takes a different approach…
On Friday, Richard Cordray resigned as director of the Consumer Finance Protection Bureau. Today, two people are claiming to be the lawful acting director of the CFPB.
Arizona Supreme Court ignores voters’ intent in decision interpreting constitutional limitations on taxation
Last Friday, the Arizona Supreme Court issued its decision in Biggs v. Betlach, a case brought by a group of Arizona legislators challenging the imposition of a hospital charge to pay for state Medicaid expansion.
the Maine Supreme Judicial Court will hear oral argument in a case that, befitting the season, is a cornucopia of PLF issues.
When the Service rejected a delisting petition for the coastal California gnatcatcher, it acknowledged that it was not going to define “subspecies,” the very term upon which the denial rests, even while acknowledging that the term enjoys no commonly accepted meaning among scientists. Thus, by not defining that key term, the Service effectively reserved to itself the right to use whatever definition of “subspecies” suits it best at any time. This arbitrary power prevents the regulated public from challenging any “subspecies” designation because the Service can always move the goal posts.