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EPA and the AIM Act: The Very Definition of Tyranny
Blogs
As James Madison famously observed, “[t]he accumulation of all powers legislative, executive, and judiciary in the same hands, whether one, a few or many, … may justly be pronounced the very definition of tyranny.” Federalist No. 47. Using that definition, the Environmental Protection Agency (“EPA”) is a tyrant, due in part to the poorly crafted…
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Big Government’s License to Kill Space Travel
Something strange is intercepting our trajectory into space. The obstacle isn’t space debris, old satellites, or meteors. Rather, it’s licensing. The Federal Aviation Administration (FAA) has not yet granted a license for the launch of Elon Musk’s SpaceX Starship, and even the Fish and Wildlife Service is still evaluating whether to permit it. Licensing is thus…
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A Constitutional Lawyer’s Dream: Tightening the Intelligible Principle Test
Blogs
The Roberts Court has an appetite for taking decades-old, unworkable, judge-made doctrines and injecting the Constitution into the fold. The Justices no longer turn a blind eye to unconstitutional “tests” in the name of stare decisis, thereby becoming complicit in weakening the Constitution, but rather scrutinize the decisions of their brethren through the lens of…
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Overturning Chevron Is a Major Victory
How important is the decision issued in June by the Supreme Court in Loper Bright Enterprises v. Raimondo and its companion case, Relentless, Inc. v. Department of Commerce? The Claremont Institute’s Theo Wold observes that this victory against the administrative state is merely “incremental.” Although valuable, “it will not remake the administrative state or solve the post-New Deal power imbalance in the federal government.”…
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The SEC’s Climate Rule—And Other “Whole of Government” Assaults on Democracy
Blogs
The SEC’s Climate Rule—And Other “Whole of Government” Assaults on Democracy The Securities and Exchanges Commission’s new climate-disclosure rule is just one small part of the Biden Administration’s sweeping “whole of government” climate campaign.[1] But the rule provides us a timely reminder of why these campaigns are, by definition, hostile to our constitutional order. The…
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Will Lower Courts Preserve the Administrative State?
Even if many close court-watchers anticipated overturning Chevron deference during the Supreme Court’s last term, where the Court would place its accent remained an open question. However, the overturning of Chevron in the Supreme Court’s Loper Bright/Relentless decision will not be shaped exclusively or even largely by what the Supreme Court said or what Congress does in its wake, despite what…
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