Supreme Court Hears Blockbuster Climate Case with Separation of Powers Implications

The Supreme Court heard arguments in West Virginia v. EPA on Monday, a blockbuster case that could have major ramifications in future separation of powers cases.

The case, which stems from an Obama administration climate rule, has wide-ranging implications for how the federal agencies may issue future regulations and rules, according to the parties that brought the case before the high court. States, environmental groups, large power utility companies, civil liberties organizations and pro-coal industry groups have inserted themselves in the case over the last several years, signaling the importance of the questions it has raised.

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Commentary: The Tyranny of Experts

The principles and policies of America’s original progressives have received renewed attention over the last decade, both in academia and in public discourse. Today’s progressive politicians and intellectuals have pointed to their roots in the original progressive movement; moreover, the connections between the original progressive calls for reform and the language and shape of our politics today have become increasingly obvious. In what follows, the relevance of original progressivism to government today will be more fully explored. There is no better place to begin than with our administrative state. This essay deals with the general principles of the administrative state and its roots in the original progressive movement.

The term “administrative state” has come to have a variety of meanings, but at its core it points to the situation in contemporary American government, created largely although not entirely by Franklin Roosevelt’s New Deal, whereby a large, unelected bureaucracy is empowered with significant governing authority. The fundamental question for many of those making reference to an “administrative state” is how it can be squared with government by consent and with the constitutional separation-of-powers system.

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Commentary: Congress Must Exercise Its Article I Power, Or It Will Be Deemed Irrelevant

Capitol building

by Printus LeBlanc   When the framers created the government, it was split into three coequal branches; the Congressional, Executive, and Judicial branches. Articles I through III describe the duties, responsibilities, and powers assigned to each branch of the government. However, one of those branches seems to be the redheaded…

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Commentary: Why Is the Senate Refusing to Confirm Judicial and Executive Branch Nominees?

by Natalia Castro   The Senate has played a vital role in stalling the Trump agenda and preventing the swamp they swim in from being drained. One of the greatest struggles President Trump has faced in moving his plan forward has been an inability to fill vacant positions within the executive…

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Constitution Series: Judicial Review

    This is the eighth of twenty-five weekly articles in The Tennessee Star’s Constitution Series. Students in grades 8 through 12 can sign up here to participate in The Tennessee Star’s Constitution Bee, which will be held on September 23. The Separation of Powers and Federalism are two foundational…

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