federalism
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The Business Roundtable, an influential association of leading U.S. CEOs working to promote a vibrant U.S. economy through sound public policy, published Reducing Regulatory Overlap in the 21st Century.
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Trump consiglieri Steve Bannon has been involved politically since 9-11, and is spectacularly successful. But he only understands politics as an outsider, and he really doesn’t know squat about the…
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GovernmentLegal AffairsLiberty
A Long Shot is Better than No Shot at All
by Fritz Pettyjohn March 20, 2017The only election this year that matters is the Virginia Governor’s race. Virginia is a target State, with a 21 R-19 D split in Senate, and an overwhelming Republican advantage…
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Georgia attorney Dave Guldenschuh has emerged as a leading legal authority on Article V, and also gives periodic updates on the various Article V organizations. Here’s his latest: “Enclosed is…
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GovernmentLegal AffairsLiberty
The President and the Purposes of the Foreign Emoluments Clause (Part III): Presents and Emoluments
by Michael Stern March 20, 2017We may now turn to the question of whether the Framers might have had reason to exclude the president from the Foreign Emoluments Clause’s presumptive ban on accepting any “present”…
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GovernmentLegal AffairsLibertyUncategorized
How the Hamilton Electors Show that an Article V Convention Cannot Run Away
by Michael Stern March 9, 2017Back in 2011, I wrote a law review article discussing concerns that a limited convention for proposing amendments called under Article V could propose one or more amendments outside the…
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GovernmentLegal AffairsLiberty
Still More on Article V Justiciability: Idaho v. Freeman
by Michael Stern March 7, 2017The second important district court opinion on the justiciability of Article V claims is Idaho v. Freeman, 529 F.Supp. 1107 (D. Idaho 1981), judgment stayed sub nom. Natl Org. of…
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Legal Affairs
Federalism, and Conflicting Federal and State Statutes of Limitations
by Joseph Morris January 3, 2017On the level of utility to practitioners, the Indiana opinion in a succinct 11 pages sets forth a concise taxonomy of pertinent preemption doctrines and collects relevant decisions by the U.S. Supreme Court, the Federal Courts of Appeals, and the higher courts of many States.