Courts
The Rise of Delegation
We now live in a world of delegation. It is often said that most of the rules that are enforced at the federal level have not been enacted by Congress, but by administrative agencies. It was not always that way. The binding rules in the United States used to be...
The Supreme Court Has Been Part of the Problem for a Long Time
I know all the partisan pundits that canvas the mainstream news outlets will disagree, but I do not believe Scalia’s death will change much. The courts have been part of the problem we face for a long time. The federal courts have already been complicit in the...
The Myth of Marbury v Madison
The common understanding of the famous Marbury v. Madison case is that it established the authority of the Supreme Court to determine what the Constitution says. From there, it’s held that the Court gets to determine the limitations placed on the federal...
Anti-Commandeering: The Legal Basis for Refusing to Participate
(download this article as a pdf, print and share) The Supreme Court has long held that states do not have to be active participants in the enforcement or effectuation of federal acts or regulatory programs. The basis for what is now known as the legal doctrine of...