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Fair notice and the nondelegation doctrine: A due process lens
Debates over the nondelegation doctrine usually begin with constitutional structure. Article I vests “[a]ll legislative Powers” in Congress, so when Congress gives agencies sweeping discretion…
Blog
The major questions doctrine at a crossroads
In Learning Resources v. Trump, the Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize President Trump’s tariffs. This…
Bloomberg Law
Trump’s Plan to Control More Civil Servants Disrupts Opposition
Bloomberg Law cites CEI’s Devin Watkins on Trump’s civil service overhaul. Trump’s civil service overhaul could still be challenged in court once the OPM finalizes…
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A Jury Trial Must Precede Fines and Occupational Banishment
Imagine that the government has accused you of wrongdoing that you didn’t commit. You would expect a jury of your peers to recognize your innocence.
News Release
Supreme Court hears case against CFPB, including unusual claim concerning government powers: CEI analysis
Today, the Supreme Court heard oral argument in CFPB v. CFSA, in which the Court will decide if the CFPB’s funding structure, which bypasses…
Blog
The way the Consumer Financial Protection Bureau is funded is unconstitutional
Today the Supreme Court hears oral arguments in the case CFPB v. Community Financial Services Association. The appellee correctly complains that…
News Release
A Supreme Court ruling against CFPB would benefit consumers: CEI analysis
Today, the Supreme Court will hear oral arguments in CFPB v. CFSA, in which the Court will decide if the CFPB’s funding structure, which bypasses…
Study
The World Needs More Lawyers
This study was originally authored for the Regulatory Transparency Project at The Federalist Society By Shoshana Weissmann, Daniel Greenberg, Luke Wake, Braden Boucek and Jonathan…
Blog
Free the Economy podcast: Supreme Court preview with Ashley Baker
In this week’s episode we talk about the long history of the Lewis Powell memo of 1971, innovation in textile recycling, how…