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Judicial Reform

The judicial branch of government has overstepped its bounds and increasingly ignores the precepts of common law.

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Know the legal system and its impact on the economy.

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Spokeo, Inc. v. Robins: A Possible Alternative Path to Standing

Normally to sue in federal court, a plaintiff must establish standing. There are three requirements for establishing standing: (1) an injury in fact, (2) a causal relationship between the injury and the defendant’s conduct, and (3) the injury would be redressed by a favorable court ruling.

5 days ago
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Necessary and Proper Clause: A Declaratory Truth

The Necessary and Proper Clause is often called the “Elastic Clause” because it is believed to give Congress “implied powers” that government is assumed to possess without being mentioned in the Constitution. There is a problem with this view: a government that is able to expand its power through an “Elastic Clause” is more likely to abuse its power.

05/13/2015
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Is the Supreme Court the Supreme Law?

It has been assumed that once the Supreme Court issues a decision, the other courts in this country are bound to follow the decision for all future cases that fall within the announced rule. However, it can be argued that in most circumstances, neither the Constitution nor federal law requires other courts to follow the Supreme Court. Indeed, it has been the Supreme Court itself that has demanded that their decision be binding on future cases. This seems to be the type of usurpation of power is the type our Founders detested and the Constitution was meant to prohibit.

05/11/2015
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State Regulatory Boards: Consumer Protection or Market Protectionism?

Today you need hours of training and a license to do a countless number of jobs throughout the United States. These requirements cover jobs that are not only highly-skilled, potentially dangerous professions like medical surgeons, but also pet groomers, interior designers, florists and hair braiding.

04/30/2015
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Can the Government “Take Its Cut” of Anything Produced?

Is the government able to require that you hand over a portion of your production to be able to enter a regulated marketplace? That is the main question in Horne v. Department of Agriculture, a case that was argued before the Supreme Court on Wednesday.

04/24/2015
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EPA Taken to Court Over Its Clean Power Plan

A group of states and energy companies have joined to sue the EPA over the agency’s Clean Power Plan. The two cases, State of West Virginia v. EPA and In re Murray Energy Company, were combined and oral arguments were heard before the DC Circuit this Thursday.

04/17/2015
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Next ObamaCare Challenge: The Origination Clause

“All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.” – U.S. Constitution Article I, Section 7

04/06/2015
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Commerce Clause: Not a Grant of Unlimited Congressional Power

“To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes.”

04/03/2015
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Michigan v. EPA: What’s Cost Got to Do with It

Yesterday, the Supreme Court heard oral arguments in Michigan v. EPA, a case that will decide whether the EPA properly decided to regulate mercury pollution from power plants. The problem with the regulations is that by the EPA’s own estimates they will cost $9.6 billion annually and have only $4-6 million in direct benefits. The issue before the Court will be whether the EPA must consider costs when deciding to regulate mercury emitted by power plants.

03/26/2015
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Time for the Court to Address the Growth of the Administrative State

We have too long abrogated our duty to enforce the separation of powers required by our Constitution. We have overseen and sanctioned the growth of an administrative system that concentrates the power to make laws and the power to enforce them in the hands of a vast and unaccountable administrative apparatus that finds no comfortable home in our constitutional structure. The end result may be trains that run on time (although I doubt it), but the cost is to our Constitution and the individual liberty it protects. – Justice Clarence Thomas from his concurring opinion in Dep’t of Transportation v. Ass’n of American Railroads

03/13/2015

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