James Madison stated in Federalist #47, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” In 1933 two laws were struck down on the non-delegation principle, the effective delegation of legislative authority to unelected regulatory agencies. The recent court has prepared to revisit that principle.
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from The Federalist How John Roberts Begat Donald Trump by Ilya Shapiro It’s such a shame, and deeply ironic. A constitutional moment had actually arrived in 2010. Remember, the people had risen up against crony capitalism, against bailouts and out-of-control
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from The Washington Post, On Obamacare, John Roberts helps overthrow the Constitution by George Will excerpt: Since the New Deal, courts have permitted almost any legislative infringement of economic liberty that can be said to have a rational basis. Applying
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From The National Review Online Obamacare’s Unconstitutional Origins Tax legislation has to originate in the House; the health-care law didn’t. By Andrew McCarthy Excerpt: It is worth pausing here briefly to rehearse an argument often made in these pages before the Supreme
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