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Modern Management for the Administrative State

If there is to be an administrative state, it should be managed by a White House that establishes processes and standards, controls budgets and timelines, directs activities, and must provide final authorization for formal action. But the net effect should not be an aggrandizement of the presidency; rather, as discussed elsewhere in this report, reforms in the other branches are necessary to account for this more energized office and to cabin its reach. The end goal should be an executive branch with narrowed scope of authority but greater capacity to use effectively the authority granted.

tags: Constitutional Law, Executive Power

Know Your Rights

For Clinton and Obama, when the constitutional amendment at issue is the Fourth, it takes priority; when it is the Second, it must be carefully balanced. If a police officer thinks you look suspicious, your Fourth Amendment rights remain inviolate; if the FBI places you on a terror watch-list, your Second Amendment rights evaporate. Stop-and-frisk must end because it fails to deliver 'the kind of impact that we would want' in Clinton's words; but for gun-control measures, according to Obama, the standard should be that 'maybe we could try to stop one act of evil, one act of violence.'

tags: 2016 Election, Constitutional Law

Our Last Emperor

The dangerous and novel phenomenon of 2016 is not irresponsible politicians or an inflamed electorate, but rather the unprecedented concentration of power awaiting the election's ultimate winner. Ironically, many of the now-panicking elites are the very ones who made the presidency so powerful. If they can learn the right lesson from the recent chaos, the specter--even fleeting--of a President Trump or a President Sanders could provide the needed spur to restore balance to our constitutional system.

tags: Constitutional Law, Executive Power

Some Multimedia

WNYC w/ Brian Lehrer, 3/9/17
On replacing Obamacare

Harvard Kennedy School, 2/22/17
On the future of conservatism

Matter of Fact, 1/22/17
On the Trump administration

WNYC w/ Brian Lehrer, 10/28/16
On the 2016 election (second hour)

National Review Institute, 10/17/16
On the wisdom of free trade

Senate Energy Comm, 4/26/16
On oil & gas development

CSPAN Washington Journal, 11/29/15
On the Paris climate negotiations

NPR On Point, 8/4/15
On the Clean Power Plan (second half)