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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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LISTEN NOWThe Freedom Files Podcast Episode 4 featuring Senator Mike LeeListen Here

Know the legal system and its impact on the economy.

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State Attorneys General: Defenders of the Tenth Amendment

Last Friday, the DC Chapter of the Federalist Society hosted an event with guest Mark Brnovich, Attorney General of Arizona. A state’s AG office plays an important role in fighting federal overreach. Besides prosecuting criminal cases and defending state action, many AGs, at least the good ones, also sue the federal government.

06/04/2015
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Freedom of (some) Information (for those who can afford it)

On June 2nd, the House of Representatives Committee on oversight and Government Reform began a hearing on the Freedom of Information Act (FOIA). The hearing spanned two days and was aided by three panels of witnesses. In effort to ensure transparency, the congressmen assessed how government agencies currently view FOIA and deal with requests for information. My takeaway? FOIA is a joke and government agencies are the worst.

06/03/2015
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How Over-Regulation Kills Opportunity

Much of the Bill of Rights is dedicated to protecting accused persons, an action integral to our society. Expanding upon the Sixth Amendment’s granted right to legal counsel, states have put legislation in place that strictly dictates who can practice law. While such regulations aim to protect citizens, they have adverse effects and actually abridge the freedoms we hold dear.

05/29/2015
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Rule of Law should Trump Good Policy for Supreme Court

Sometimes a court reaches a decision that is great on the policy side, but appears to lack a basis in the law. Last week, in Comptroller v. Wynne, the Supreme Court made such a decision, continuing its practice of reading a negative Commerce Clause into our Constitution.

05/28/2015
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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.

05/18/2015
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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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