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Secret Laws for the Powerful
The Office of Management and Budget issued a memo recently reminding all federal administrative agencies that “the Constitution vests all Federal legislative power in Congress.” That may seem obvious, but agencies often regulate Americans beyond their lawful authority and without accountability. Our organization—the New Civil Liberties Alliance—has petitioned 18 agencies to adopt a permanent rule…
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FINRA is a Double-Delegation Disaster
Jay Schaefer
Photo by Ajay Suresh, Rights Reserved The current nondelegation doctrine may not be long for this world, evidenced by the concurrence and dissent in this term’s Gundy v. United States. In its present iteration, the doctrine allows Congress to give away legislative authority to agencies so long as the authority is pursuant to an “intelligible principle,”…
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Petition to Amend the CFTC Rule Under Which the Agency Has Been Unconstitutionally Silencing Persons Who Enter Into Consents With CFTC
In the News
Pursuant to the Administrative Procedure Act, 5 U.S.C. § 553(e), and 7 U.S.C. §2(a)(12) and Rule 13.2 of the U.S. Commodity Futures Trading Commission (“CFTC” or “Commission”), 17 C.F.R. § 13.2, the Petitioner New Civil Liberties Alliance (“NCLA”) hereby petitions the Commission to amend its rule restricting speech that is set forth in 17 C.F.R.…
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A Farmer, An Irrigation Ditch, and the Environmental Protection Agency: What Could Possibly Go Wrong?
Harriet Hageman
David Hamilton is an engineer by training and colorful by nature. He likes to build things and has spent his adult life creating successful natural gas processing companies and utilities in two states, as well as buying and improving farms around his hometown of Worland, Wyoming. He is a self-taught artist, painting beautiful landscapes, portraits,…
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Despite Sentencing Reform, the US Bureau of Prisons is Holding Thousands of Inmates Illegally Beyond their Release Dates
Originally published in Washington Examiner on July 8, 2019 Robert Shipp is serving the remainder of a federal prison sentence on an ankle monitor in Chicago, Illinois. But Shipp is being held unlawfully by the U.S. Bureau of Prisons. Even though he was due to be released from custody last month under a change in federal law,…
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Bye-Bye, Buildingcrats
Madeleine Case
“I like not fair terms and a villain’s mind.” –William Shakespeare, The Merchant of Venice When I told my friend (and fellow bookworm) that Strand Bookstore had just been designated a “landmark” in New York City, my friend clapped and smiled, excited at the idea that New York could preserve the Strand forever. After all,…
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