You are here

OpenMarket: Law and Constitution

  • More Shields and Fewer Swords in Realm of Federal Regulation

    October 11, 2019
    Yesterday the New Civil Liberties Alliance (NCLA) held a fascinating event on one of their marquee cases, Baldwin v. United States (read more in my post from last month—it’s the second of the four cases discussed). The case involves the Internal Revenue Service issuing a tax filing rule that conflicted both with legislation passed by Congress and with centuries-old common law practice.
  • Costs of Government Steering by Direct Ownership or Control of Resources

    October 3, 2019
    If one thinks government ought to run a sector of the economy (single-payer health care, education, retirement, energy), then almost by definition that individual would not be inclined toward acknowledging regulatory costs of lesser interventions. The benefits will always exceed the costs in that mindset.
  • New Civil Liberties Alliance Fighting for Constitutional Limits on Government Power

    September 26, 2019
    Thanks to the New Civil Liberties Alliance for hosting a great event this week, during which their staff attorneys recounted the status of some of the biggest cases in which they’re currently involved. By a happy coincidence, the legal advocacy group is also celebrating its second birthday this month. See the summaries and links below for information on four important and timely cases that could re-draw the boundaries of federal authority in the United States.
  • Where Facebook Interim Report on Bias Falls Short

    August 20, 2019
    Today former U.S. Senator Jon Kyl (R-AZ), in fulfillment of an arrangement with Facebook, released an independent Interim Report (and accompanying op-ed) cataloging the primary concerns of conservatives who, as is now well known, regard Facebook as unfairly biased and opposed to conservative viewpoints.
  • States Making Predictable Grab for Revenue via Online Sales Taxes

    August 14, 2019
    Fallout from the 2018 South Dakota v.​​​​​​​ Wayfair Supreme Court decision, which allowed remote sales tax collection from online purchases, has begun and The Wall Street Journal editorialized on the sad state of affairs yesterday. The Competitive Enterprise Institute spent twenty years articulating the advantages of tax competition and warning of the repercussions of allowing states to reach outside their borders and collect taxes from businesses located entirely outside that state.
  • Leaked White House Executive Order on 'Censorship' Violates Two Basic Constitutional Tenets

    August 9, 2019
    Earlier this week it was reported that the Trump administration was drafting an executive order to combat perceived “censorship” of conservatives on online platforms such as Facebook and Google. Without details, the Competitive Enterprise Institute urged caution since the First Amendment does not empower government to police speech but rather restricts government from limiting or compelling speech.
  • VIDEO: Where the Regulatory State Came From

    August 9, 2019
    Our friends at the Pacific Legal Foundation have a funny and insightful explainer video on the historical development of the regulatory state (also known as the “administrative state”), and how the power of administrative agencies threaten our constitutional rights.
  • Nipping at Big Tech's Heels: Competition in Social Media

    August 7, 2019
    There has much bemoaning and hand-wringing by members of Congress on the alleged dangers of social media.
  • Most of Federal Government Action Would Survive Even Strict 'Gundy' Analysis

    July 11, 2019
    The Supreme Court’s recent decision in Gundy v. United States “suggests that the way our government works will be substantially changed towards greater democratic involvement,” as my colleague Devin Watkins explained on these pages last week. Although the Constitution permits Congress to pass laws that “leave the executive the responsibility to find facts and fill up details,” as Justice Gorsuch wrote in his Gundy dissent, “Congress must set forth standards ‘sufficiently definite and precise to enable Congress, the courts, and the public to ascertain’ whether Congress’s guidance has been followed.”
  • More to Like in Zuckerberg's Aspen Talk Than Not

    June 27, 2019
    Yesterday at the Aspen Ideas Festival, Facebook CEO Mark Zuckerberg touched on some of the most pressing issues facing his company and big tech as a whole. While his continued calls for government regulation of social media companies and other online services are dismaying, many of the principles Zuckerberg laid out represent exactly why such government intervention is not necessary and likely won’t produce better results.

Pages

Subscribe to OpenMarket: Law and Constitution