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  • D.C. Circuit Signals Doubts on IRS Tax Preparer Regulations

    In oral argument today, the D.C. federal appeals court appeared ready to throw cold water on the IRS’s claim to have the authority to regulate income tax return preparers under a 130-year-old statute. The case is just the latest to arise following President Obama’s push for the executive branch to … More

    Can the President Raise the Debt Ceiling by Himself?

    As the federal government once again approaches the debt ceiling, partisans are again pulling out the heavy artillery: Don’t bother negotiating with Republicans on taxes and spending, they tell the President, just declare the debt ceiling in violation of the Fourteenth Amendment and ignore it. As a matter of law, … More

    Report Finds Obama Can Waive Welfare Work Requirements…or Not

    Liberals are touting an analysis by the Congressional Research Service (CRS) that they say “refutes” arguments against the Obama Administration’s legal authority to waive work requirements. But the funny thing is that, as shoddy as CRS’s analysis may be, it refuses to say that the Administration’s plan is lawful. A … More

    Supremes Shut Down Judicial Activism Over Voting Maps

    Today, the Supreme Court tossed out the work of a district court that attempted to force its own electoral maps on the state of Texas, while ignoring the maps drawn by the Texas legislature.  The unanimous decision is a major victory for constitutional federalism, and a blow to runaway judicial activism. … More

    Even Obama Agrees that the Senate Was Not in Recess

    Defenders of President Obama’s unprecedented “recess” appointments of Richard Cordray to the new Consumer Financial Protection Bureau and three members to the National Labor Relations Board argue that the Constitution is vague on when Congress is in session and that the President can therefore take a “functionalist” approach that considers … More

    The Big Issues Behind the Obamacare Challenge

    “Are you serious? Are you serious?” then-Speaker of the House Nancy Pelosi (D–CA) famously replied when asked where, specifically, the Constitution granted Congress the authority to mandate that every American purchase health insurance coverage. The question was very serious, it turns out, even if Pelosi’s intent was sarcasm. Four federal … More

    EPA's Mission Impossible: A Deadline to Destroy Domestic Energy

    Last week, Bloomberg reported that the Environmental Protection Agency’s (EPA) regulatory push against the fossil fuel industry will cost America’s largest utility, the Southern Company, up to $18 billion in compliance costs. But that’s just the tip of the iceberg. According to data in a filing by Southern last week, … More

    Is the President Serious about Jobs and Economic Growth? A Simple Test

    Here’s a simple test for whether the President is serious about jobs and the economy: Does he rein in the Environmental Protection Agency? With the debt ceiling issue resolved for the time being, President Obama has stated his intention to “pivot” to focus on jobs and the economy. Economic growth … More

    No, the President Can’t Violate the Debt Ceiling

    For some partisans—especially those who believe in the “living Constitution”—the Constitution sanctions all they favor and forbids all they oppose.  So it is with the debate over the debt limit. All of a sudden, politicians who have never cared much for constitutional fidelity are citing a little-known section of the … More

    Global Warming Advocates Receive a Chilly Reception from the Supreme Court

    Today the Supreme Court took up the case of American Electric Power Co. v. Connecticut, reviewing a Second Circuit decision finding that states and private parties could sue electricity generators for global warming under the judge-made law of nuisance.  To the Second Circuit, this was just a “garden-variety” claim, despite … More