Perhaps not so surprisingly, Washington politicians on both sides of the aisle are opposed to the recent change by Representative Eric Cantor (R–VA) and the House of Representatives in eliminating the so-called public corruption amendment that was proposed by Senators Patrick Leahy (D–VT) and John Cornyn (R–TX) and attached to the Senate-passed STOCK Act. The House version (which lacked the Leahy–Cornyn amendment) passed by a whopping 417–2 vote earlier today. Cantor and the House deserve credit—not blame—for putting good policymaking ahead of their own potential electoral considerations. As The Heritage …
Yesterday’s decision by the Ninth Circuit striking down California’s Proposition 8, which amended the California constitution to define marriage as a legal institution involving one man and one woman, has reignited the public debate about judicial activism. When courts weigh in on such controversial and political topics, it is necessary to stop to consider a larger question: What is the proper role of the courts? Explaining the appropriate interplay between the branches of government and the proper methods of interpretation that judges should employ when determining whether a law is …
Today, in a 2–1 decision, the U.S. Court of Appeals for the Ninth Circuit ruled against Proposition 8, the California ballot measure that defined marriage in the California constitution as one man and one woman. The appeals court decision upholds the decision of the lower court, which struck down Prop 8 as unconstitutional. According to the court of appeals, there was no “legitimate reason” for California voters to enact Prop 8. In contrast to the trial court, the appeals court decision bases its decision on very narrow grounds that might …
Do you own a home with large windows? Is there a cat that you let out in your backyard? If so, then you might just wind up violating the Migratory Bird Treaty Act (MBTA), if the federal government’s interpretation of the Act is allowed to stand. The 1918 law was meant to protect migratory birds from those who would “take” them in violation of the treaty with Great Britain. In that context, it was clear that the MBTA was meant to halt poachers and illegal hunting of the birds—that is, …
The people of the United States ordained a Constitution of limited government. As time passes, the people have more of the “government” and less of the “limited.” Americans must work at maintaining their freedoms. Defense of the constitutional freedom of association involved in choosing roommates to share housing illustrates the effort required. Government has attempted to regulate our ability to choose a roommate, but efforts to resist that intrusion pay off in preserved liberty. Tricia Rowe, a 31-year-old single woman who owned a three bedroom, single-family house, wanted a roommate. …
President Obama’s illegal non-recess appointments are unconstitutional and defy the process the Founding Fathers intended, Sen. Mike Lee (R-UT) told a House committee Wednesday. The House Oversight and Government Reform Committee invited a handful of constitutional law experts to discuss the four controversial appointments Obama made in January. Citing delays in the Senate, Obama installed Richard Cordray (pictured) as director of the Consumer Financial Protection Bureau and Richard Griffin Jr., Sharon Block, and Terence F. Flynn as members of the National Labor Relations Board. Lee, a constitutional expert and scholar, …
Attorney General Eric Holder used his testimony before a House committee on Thursday to tout the supposed need for new gun control laws to prevent “gun walking,” or the transportation of firearms across the Southern border. But he – and members of the committee – ignored existing laws that already accomplish Holder’s ostensible goals. “That is why we need a stronger gun trafficking law,” Holder said in response to questions about recourse against officials who signed off on the gun walking tactic. The tactic was integral to Operation Fast and …
The Senate is currently considering the addition of a public corruption bill as an amendment to the STOCK Act. While the goal of reining in public corruption is laudable, as has been discussed before, many of the policies in the proposed amendment raise significant overcriminalization concerns. Heritage, a task force of the American Bar Association, and other leading legal scholars have pointed out the problem of the increasing federalization of crime. And yet Congress continues to enact new criminal laws targeting state and local conduct. The proposed amendment seeks to …
A handful of constitutional law experts are slated to testify before the House Oversight and Government Reform Committee tomorrow about President Obama’s four unconstitutional non-recess appointments. The witnesses include Sen. Mike Lee (R-UT), one of Congress’ chief critics of Obama’s unprecedented decision. Lee will offer his expertise as a former clerk for a Supreme Court justice and attorney specializing in Supreme Court litigation. His testimony will come on the heels of a testy exchange with the president that began with the former’s announcement that he may block all of Obama’s …
Last week, I again had the privilege of traveling to Guantanamo Bay to observe a military commission proceeding as an invited representative of a non-governmental organization (NGO), my employer, The Heritage Foundation. And once again, I was disappointed by the lack of informed commentary from my fellow NGO representatives. Perhaps the most disappointingly slanted account of the proceedings was published by Human Rights Watch’s Laura Pitter in Salon and entitled “Guantanamo’s System of Injustice.” Pitter’s central theme is that there are “vast differences” between federal court and military commissions and …
