Congress
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...
I’m Looking at You Congress!
Modern presidents overstep their constitutional authority virtually every day they’re on the job. We should unceasingly criticize this executive overreach and the presidents who participate, from Clinton to Bush to Obama to Trump. But the president isn’t...