Why the “Open Internet Order” is Unconstitutional
Communications / Constitution / Rule of Law / Technology

Why the “Open Internet Order” is Unconstitutional

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

America / Constitution / Fiscal policy / Politics

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