Archive

Posts Tagged ‘Separation of Powers’
September 11th, 2015 at 11:02 am
Podcast: Separation of Powers and Limited Government
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In an interview with CFIF, Clark Neily, Senior Attorney for the Institute for Justice, discusses his latest book, “Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government,” and the importance of and issues surrounding separation of powers, economic liberty, property rights, the Second Amendment, and more.

Listen to the interview here.

March 30th, 2015 at 7:23 pm
Supreme Court Declines Challenge to ObamaCare’s IPAB

The Obama administration got a rare piece of good news today when the U.S. Supreme Court declined to overturn a Ninth Circuit Court of Appeals decision upholding part of ObamaCare.

The case, Coons v. Lew, is an Arizona-based challenge to the Independent Payment Advisory Board (IPAB), the 15-member group of experts empowered to reduce Medicare spending below a certain threshold.

In declining the plaintiffs’ appeal, the Supremes did not in any way indicate that this case is without merit. Rather, it may have been filed too early. Courts are typically loathe to strike down parts of laws that have yet to go into effect. IPAB won’t be making any decisions until 2019 at the earliest.

As usual, the issue is whether IPAB is constitutional. “Its decisions cannot be overridden by Congress without a super-majority and cannot be challenged in court,” explains a report in Politico. If that sounds like near monarchial power for an unelected bunch of experts, well, this is the Obama administration after all.

For now, IPAB is a dormant legal issue. Time will tell if it becomes a political rallying cry in next year’s presidential election.

August 19th, 2013 at 10:07 am
Ramirez Cartoon: The Obama Branches of Gov’t
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Below is one of the latest cartoons from two-time Pulitzer Prize-winner Michael Ramirez.

View more of Michael Ramirez’s cartoons on CFIF’s website here.

January 7th, 2011 at 7:58 am
Podcast: Professor John Yoo Discusses Foreign Affairs and National Security Under Obama
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In a recent interview with CFIF’s Renee Giachino, John Yoo, University of California at Berkeley School of Law Professor and former deputy assistant attorney general in the Office of Legal Counsel of the U.S. Department of Justice, discussed the Obama Administration’s record on issues involving foreign affairs, national security and the separation of powers.

Listen to the interview here.