The Executive Power

Article II of the Constitution vests all “executive power” in the president. But Congress has created “independent” administrative agencies that execute federal law without presidential control. The Supreme Court has blessed the creation of these independent agencies, and even insists that courts defer to their judgment. What happened to government “by the people?”

New Podcast: The “Diversity” Threat to Equal Protection

The ever expanding concept of “diversity” is eroding the 14th Amendment’s guarantee of Equal Protection. Check out this Manhattan Institute Podcast in which I discuss the Fisher case now before the Supreme  Court with Jim Copland, director of the Center for Legal Policy at Manhattan Institute.  Direct link to audio here.

“Now they’ve moved the goal posts on Grutter. It’s not just enough to have a critical mass of minority students, those students themselves have to come from diversified high schools.”  – Adam Freedman

Some Fact Checking You Won’t Find on CNN

Notwithstanding the media’s supposed zeal for “fact checking,” they seem to have a blind spot for certain distortions coming from certain candidates.

Here’s a whopper that managed to escaped the media’s attention. When discussing Arizona’s immigration law (SB 1070), Obama said: “Part of the Arizona law said that law enforcement officers could stop folks because they suspected maybe they looked like they might be undocumented workers and check their papers.”  In fact, the law allows police officers to request papers only upon “reasonable suspicion” — a well-established standard — and specifically states that police may not consider “race, color, or national origin” in forming a reasonable suspicion.  At oral argument before the Supreme Court, Chief Justice Roberts asked Solicitor General Donald Verrilli: “No part of your argument has to do with racial or ethnic profiling, does it?”  And Verrilli replied “that’s correct, Mr. Chief Justice.”

Nor has the media mentioned that the famous Lily Ledbetter Act has done nothing to boost women’s pay (although it has enriched the plaintiffs’ bar).

But perhaps the strangest assertion from the president was this: “You know a major difference in this campaign is that Governor Romney feels comfortable having politicians in Washington decide the health care choices that women are making.”  That is, of course, an odd assertion from somebody who believes that the 15 members of the Independent Payment Advisory Board should be empowered to “decide the health care choices” for an entire nation, men and women.  But then, by way of explanation, Obama stated that Romney would allow employers to decide what sort of health coverage to provide their employees — even giving employers the freedom to choose health plans that don’t cover contraception.

Apparently, Romney’s refusal to impose a national contraception mandate on employers puts power in the hands of “politicians.”  Obama never attempted to back up his preposterous claim about “health care choices” — and you can bet that the media will never challenge him.

The Naked Constitution Podcast: The Judiciary

My latest podcast is now live on Ricochet!  This week, we’re discussing “the least dangerous branch.” And yet, we find ourselves wondering how the federal judiciary has oh-so-meekly taken over the duties of the other two branches of government. Cato Scholar and veteran court-watcher Walter Olson explains the perils of judicial activism by unelected judges. But Clark Neilly of the Institute for Justice warns that “judicial abdication” can be just as bad – with examples of (ouch!) forced sterilization laws. Throw in some background about the Founders’ fear of judges “construing” the Constitution and you get a cracking good discussion of the real meaning of Article III.

My book, The Naked Constitution, is now available! Order it here.

You can subscribe to this podcast by following the instructions here. Direct link fans, click here.

What’s at Stake in November: The Video

I’ve posted a lot about the high stakes in this November’s election.  With an aging Supreme Court, there is little question that whoever wins in November will get to reshape the Court for a generation.  And that means that the very idea of constitutional government is hanging in the balance.   For those who like videos, here is a 1 minute, 18 second summary of my argument:

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