How Texas Can Save the Endangered Species Act
Among the ESA’s many stakeholders, a consensus is forming that the law cannot accomplish its goals without greater reliance on markets. And in Texas, the outlines of just such a market-based approach are coming into focus.
The Disabling of America
Noble intentions and some benign outcomes notwithstanding, the 1990 Americans with Disabilities Act has proved to be a very expensive legal monstrosity with dubious constitutional credentials.
The Federal-State Crack-up
For decades, both Democrats and Republicans have been invested in governance schemes that have eroded the Constitution’s separation of powers.
Obamacare and the Fatal Flaw in Marbury v. Madison
Reportedly, Chief Justice John Roberts was initially inclined to strike down the individual mandate in Obamacare but switched sides after something changed his mind. Speculation has been that it was concern over the Supreme Court’s prestige and susceptibility to public criticism. But I think there was an irresolvable dispute over a crucial question of constitutional […]