On the second anniversary of the invasion of the Capitol on Jan. 6, 2021, it’s worth considering how politics—and especially presidential elections—have increasingly become like warfare. A pair of developments—one legislative, one administrative—have raised the political stakes. In the 20th century, the Supreme Court simultaneously expanded Congress’s legislative powers and allowed them to be exercised…

Amid growing revelations about government involvement in social-media censorship, it’s no longer enough to talk simply about tech censorship. The problem should be understood as gov-tech censorship. The Biden White House has threatened tech companies and federal agencies have pressed them to censor disfavored opinions and users. So it’s time to ask about accountability. Will…

Questioning a government lawyer earlier this month, Supreme Court Chief Justice John Roberts referenced “a series of cases that are a constellation around some fairly basic propositions” concerning agencies like the Securities and Exchange Commission and Federal Trade Commission.[1]  One such proposition is that agencies should do the jobs that Congress has assigned to them.…

The ever-expanding administrative state has become a fourth branch of government. Unelected, unaccountable and tenure-protected bureaucrats enact most rules governing Americans’ lives—thousands of new ones every year. Seeking to aid this swelling administrative state, Congress has created in-house courts, which have taken over most regulatory enforcement cases from the judiciary. These administrative-law judges are employed…