The Supreme Court has good reason to question the expansion of power in the executive branch. Agencies such as the Occupational Health and Safety Administration (OSHA) exercise broad authority, deciding policy questions that the constitutional Framers expected Congress to decide. As a result, presidents wield far more power than they should.
But the Court picked the wrong time and place to put the brakes on executive authority with its decision in NFIB v. Becerra, the case that involved OSHA’s rule for COVID vaccination or testing in the workplace. The Court acted unwisely—and inconsistently with past decisions.Continue Reading The Supreme Court’s Misguided COVID Vaccine Decision
With his decision late last week, to weaken regulation of 
After reading the Declaration of Independence, it is easy to wonder why the Founding Fathers gave us an imperial presidency. The Declaration documents no fewer than twenty-seven grievances about King George III’s abuse of power. But the Constitution was written more than a decade later after an unhappy experience with state constitutions that had severely restricted executive authority and greatly expanded legislative authority.
In deciding to preserve its “non-delegation” doctrine last week in the