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.
PLF has joined a crucial case brought by our allies at Institute for Justice to address a situation faced by many PLF clients—fines and forfeitures that far outweigh their alleged offenses. Tyson Timbs argues in a petition to the U.S. Supreme Court that such disproportionate punishments by state and local governments violate the Eighth Amendment’s Excessive Fines Clause. PLF’s supporting brief highlights a number of cases from around the country that demonstrate the damage to individual liberty and property ownership by these power abuses.
Thanks to a lawsuit filed by PLF, the U.S. Fish and Wildlife Service yesterday issued a proposed rule to remove outdated and counterproductive regulations that hurt golden parakeet conservation efforts … ›
The Constitution gives Congress the power to make laws, but not to delegate that power to the Executive Branch. Doing so allows unelected, unaccountable bureaucrats to make rules in violation of the Non-Delegation doctrine. In Gundy, the U.S. Supreme Court will review whether Congress violated the Non-Delegation doctrine by empowering the Attorney General to unilaterally make law. PLF’s supporting brief urges the Court to revive the Non-Delegation doctrine, so Congress can no longer dodge accountability by sloughing off its lawmaking responsibilities.
The Service claims it is exempt from Regulatory Flexibility Act requirements because critical habitat designations impact only other federal agencies. But this claim is in error. While critical habitat designations do require federal agencies to manage critical habitat, the restrictions of the designations also directly affect small businesses, making designations subject to RFA requirements.
Yesterday, PLF filed comments on Bureau of Land Management’s (BLM) proposed amendments to the Greater Sage-Grouse Resource Management Plans in Colorado, Idaho, Oregon, Nevada and Northeastern Californian, Utah, and Wyoming. … ›