Media Type: Op-Ed

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Op-Ed

Alaska case could be landmark in water rights disputes

Originally published by The Hill on November 5, 2018. The fate of a moose hunter flying a hovercraft on an Alaska river will either protect or limit water uses across … ›

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Op-Ed

The United States is not a democracy—and it wasn’t meant to be one

Originally published by The Hill October 29, 2018. In Americans’ popular imagination, Abraham Lincoln stands not only as a historic national leader, but also as the great exponent of the … ›

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Op-Ed

Investor’s Business Daily: Congress Must Regulate The Regulators To Restore Accountability

Originally published by Investor’s Business Daily October 12, 2018. Although Congress deserves its share of criticism for the myriad rules governing our lives, the dozens (if not hundreds) of administrative … ›

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Op-Ed

Investor’s Business Daily: For Regulatory Reform, Washington Should Start With The Tools They Have

Originally published by Investor Business Daily October 12, 2018. Regulatory reform is a hot topic nowadays, and no wonder. The size and expense of the federal administrative state are staggering. … ›

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Op-Ed

The Wall Street Journal: The Feds Bungle Frog Hospitality

Originally published by The Wall Street Journal September 30, 2018. When startled, the dusky gopher frog covers its eyes, looks out, and covers its eyes again, as if playing peekaboo. … ›

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Op-Ed

Investor’s Business Daily: Rule Makers Must Follow The Rules, Too

Originally published by Investor’s Business Daily September 21, 2018

Bureaucrats are notorious sticklers Nothing makes them cranky like when someone breaks a rule or fails to fill out paperwork (in triplicate) to their satisfaction

So you might expect government bureaucrats to be meticulous when it comes to following the rules themselves Not so!

Time and again, agencies that would throw the metaphorical book at you for a slight transgression are indifferent to the rules intended for them

Take the Congressional Review Act This bipartisan law simply asks that federal agencies send the rules they wish to impose on us to our elected representatives in Congress before they take effect It’s a

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Op-Ed

Investor’s Business Daily: Only Strong Judicial Review Can Restore Separation Of Powers

Originally published by Investor Business Daily September 19, 2018

We all expect “our day in court” before the government takes our money or restricts our freedom Even for a parking ticket, we expect the chance to “tell it to the judge” before paying the fine

We expect that judges will hold the police to the rules, and clarify the rules if needed But we also expect the judge to be neutral, or what value is a day in court?

Without judges to fairly check the police, clear rules become vague A simple rule like “don’t park in the red zone” becomes “don’t park too close to the red

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Op-Ed

Investor’s Business Daily: Reining In The Regulatory State: Restoring The Separation Of Powers

Originally published by Investor’s Business Daily September 10, 2018

 

Step right up and visit ring number one
The show’s just begun Meet the President:
“I am here to see that the laws get done”

Hurry, hurry, hurry to ring number two
See what they do in the Congress
Passin’ laws and juggling bills,
Oh, it’s quite a thrill in the Congress

—Schoolhouse Rock, “Three Ring Government” (1979)

 

Millions of schoolchildren were taught about the divided nature of our federal government under the constitutional separation of powers from those Schoolhouse Rock verses

But if this song were updated to more accurately represent today’s federal system, the dazzling three-ring circus would be, replaced by a single monolithic act:

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Op-Ed

Investor’s Business Daily: Taming The Regulatory State: It’s A Constitutional Imperative

Originally published by Investor’s Business Daily August 31, 2018

According to one Mercatus Center study, each of us must obey over 1 million regulatory dictates, vastly more than the statutes written by our elected lawmakers in Congress

But the sheer number is not the only, or even the worst, problem The more troubling issue is the unconstitutional nature of the federal rulemaking and regulatory enforcement process This process makes regulations more onerous, numerous, and inflexible — and their enforcement more arbitrary and unreasonable — than if constitutional principles were followed

It’s time to tame the regulatory state Happily, an exciting constitutional revival is underway that could help return all three branches

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