Luis v. United States: The Distinction That Makes All the Difference

Federalist Society Review, Volume 18
Dean A. Mazzone August 10, 2017
Civil Forfeiture: Three Recent Cases (Part 1)

Dean Mazzone discusses the Supreme Court’s 2016 decision in Luis v. United States, which dealt with asset forfeiture and the Sixth Amendment right to counsel. After summarizing the arguments of the plurality, concurring, and dissenting opinions, the author briefly discusses asset forfeiture more broadly and the potential ramifications of Luis. [Read Now]

Bottleneckers: The Origins of Occupational Licensing and What Can Be Done About Its Excesses

Federalist Society Review, Volume 18
Dick M. Carpenter, Ph.D. June 26, 2017
Abstract Businessman in Red tape

Dick Carpenter critically discusses economic regulation in general and occupational licensing in particular. He goes on to discuss Professor Randy Barnett’s theory that the Constitution should be interpreted to protect economic liberty, then proposes one way legislatures can protect economic liberty without sacrificing the public good. [Read Now]

The Wealth of Congress

Jonathan Klick June 14, 2017
Article I Initiative

Professor Jonathan Klick’s paper is an empirical inquiry into the impact of congressional service on the personal wealth of those elected. Professor Klick tackles the question “Does working in Congress help one become rich?” Among other factors, he examines insider trading among members, financial behavior upon leaving office, the correlation of committee assignments and wealth accumulation. While acknowledging the difficulty of making causal inferences due to incomplete disclosure data, Professor Klick interprets his results as evidence that House members are indeed getting richer.

The Place of Congress in the Constitutional Order

Keith Whittington June 14, 2017
Article I Initiative

Professor Keith Whittington argues in favor of the centrality of Congress in the American constitutional order. Using historical and constitutional evidence, he asserts that the Founders intentionally established the federal legislature as the most important branch of government. He goes on to explore the inherent virtues and vices of the institution and the implications of its primacy among the three branches.