Congress
There’s A Lot of Confusion Out There: Senate Edition
A friend forwarded me an email from a friend of his who was complaining about the U.S. Senate possibly remaining in Republican hands. This person believes the system is unfair because it allows rural states to control urban states. Here’s part of what he wrote....
How much power may Congress delegate to federal agencies?
Editor’s Note: This essay first appeared in the Originalism Blog. The subject is very important, but the essay is rather technical: It discusses the extent to which Congress may delegate responsibilities to federal agencies. Some scholars have argued recently that...
The Presidency and War Power
Readers of this column are familiar with the concept of the separation of powers, which James Madison crafted as integral to the Constitution. That concept mandates that Congress writes the laws, the president enforces them, the courts decide what they mean and...
Don’t Rely on Congress to Stop Facial Recognition Surveillance
A recent report by the Washington Post revealing that the federal government has turned state drivers’ license photos into a giant facial recognition database, putting virtually every driver in America in a perpetual electronic police lineup, generated...