A properly functioning legislature is imperative to maintaining a democratic republic, and it almost goes without saying that the modern Congress is dysfunctional. The public regard for the institution has never been lower, factionalism has created a toxic public atmosphere, and Congress seems unable or unwilling to act and address the major challenges facing the nation.
The Article I Initiative was started to do the work necessary to restore Congress to its rightful place in the Constitutional order, and to create a body of scholarship that will help legislators become effective leaders and lawmakers in the 21st Century.
This Initiative is self-consciously non-partisan; both left and right should work together to ensure that the Constitutional balance leans heavily towards the institution which holds the people’s representatives.
What is the origin of the Clean Power Plan, and is it lawful? Mark DeLaquil of BakerHostetler explains how an executive order from President Obama led to the EPA's controversial Clean Power Plan and why the Supreme Court looks skeptically on new government powers derived from long-existing statutes.
Is the SEC limited to five years if it wants to make a criminal defendant pay back money obtained illegally? Rachel Paulose, partner at DLA Piper, explains the dispute in Kokesh v. SEC. Charles Kokesh claims that a five-year statute of limitations applies, while the Securities and Exchange Commission maintains that illegally obtained money should be paid back regardless of how much time has passed. SCOTUS oral argument is April 18, 2017.
Does the exclusion of a church-run education center from receiving state funding violate the Free Exercise and Equal Protection Clauses? Prof. Richard Garnett of the University of Notre Dame Law School explains the issues at stake in the upcoming Supreme Court Case of Trinity Lutheran Church v. Pauley. Oral argument is April 19, 2017.
Can Bitcoin compete with other currencies around the world? Max Raskin, Research Fellow at the Institute for Judicial Administration at the New York University School of Law, discusses legal tender laws and the monopoly powers they give to central banks - and possible benefits that a virtual currency could provide to developing countries.