(A) Constitutional Issues, Federalism, Federal Agencies and Administrative Law

By John Ketcham – In short, the union thwarted the mayor’s authority over the city’s schools and commandeered the state’s legislative power. In this case and many others, a public-sector union served its own interests at the expense of the public’s. In “Not Accountable,” Philip Howard shows in vivid detail how such practices have made government at all levels unmanageable, inefficient and opposed to the common good. He argues that, in fact, public unions—that is, unions whose members work for the government—are forbidden by the Constitution. Read More

By David Bernhardt – Grade-school civics teaches that Washington is designed to operate under a system of checks and balances, constrained by the Constitution and empowered by the consent of the governed. In practice, however, power has become concentrated in the executive branch and largely wielded by unaccountable career bureaucrats. The notion of a “deep state” isn’t a conspiratorial talking point but a manifest political reality….The separation of powers is an animating principle of our nation’s founding documents.
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By James Bacon – The only way the next president can solve the problem for good is to assemble the right team from the beginning. It is necessary but insufficient to fill the executive branch’s roughly 4,000 political positions with appointees committed to the president’s agenda. He needs a White House made up of people with firsthand knowledge of how bureaucratic politics operate and the will to use that knowledge for a system overhaul. It isn’t enough to have competent conservatives. As president you need people who can outsmart the bureaucrats by devising unconventional ways around the obstacles they’ll erect. Read More