Now that the Federal Communication Commission’s (FCC) so-called Open Internet Order (OIO) has finally been released, we can begin to assess where we go from here. Besides the numerous reasons why the FCC’s decision is bad policy, it is also unconstitutional. The OIO is a violation of the takings clause of the Fifth Amendment. The … Continue reading
Tag Archives: Constitution
Blurred Lines: A Look at the Modern Executive
The delays in the implementation of the ACA, the scandal at the Department of Veterans Affairs, the new carbon control regulations from the EPA, and the failure to enforce our nation’s immigration laws all have one thing in common: they showcase the consequences of blurring the lines between our branches of government. According to our … Continue reading
Is it too hard to amend the Constitution?
By Will Portman On Monday, I went to a talk at the Brookings Institution entitled “America’s Dysfunctional Politics: Is the Constitution to Blame?” Professor Sanford Levinson of the University of Texas School of Law discussed his new book, Framed: America’s 51 Constitutions and the Crisis of Government, which argues that the 225-year-old U.S. Constitution is … Continue reading