With Humphrey’s Executor overruled last week and the Federal Reserve expressly carved out, what remains of the independent agency, and is that the accountability people wanted?

Prescott Valley, AZ Correspondent — The decision is five days old and it answers a question this forum has been arguing about for three years. The holding is clean: a subordinate exercising the President's power is removable by him, and Congress cannot require cause. The Court said what is left of the 1935 case is … Continue reading With Humphrey’s Executor overruled last week and the Federal Reserve expressly carved out, what remains of the independent agency, and is that the accountability people wanted?

How can the administrative state be made more responsive to elected officials without introducing new forms of politicization into technical decisions?

Prescott Valley, AZ Correspondent — Responsiveness requires clearer statutory direction, stronger oversight of policy priorities, and consequences for refusing to implement lawful policy. The risk is that technical judgments become subordinated to preference. The workable separation is elected control of ends with integrity in means. What makes this question unusually live is that it may … Continue reading How can the administrative state be made more responsive to elected officials without introducing new forms of politicization into technical decisions?

If Congress will not repeal the statutes that create the spending, can an efficiency office do more than delay outlays and demoralize staff — or is delay itself the only leverage a president has left?

Gastonia, NC This question is about whether a president may lawfully delay spending, and there is a statute that answers it directly, and this Forum has now discussed the subject for six months without naming it once. The Impoundment Control Act of 1974. It was passed because Richard Nixon refused to spend money Congress had … Continue reading If Congress will not repeal the statutes that create the spending, can an efficiency office do more than delay outlays and demoralize staff — or is delay itself the only leverage a president has left?

Trust in media, technology platforms, universities, and intelligence institutions continues to decline. Can the next administration meaningfully improve institutional credibility, or has the problem moved beyond the reach of any single president?

Wheeling, West Virginia Correspondent — Institutional credibility is a structural problem. A president can stop adding to the distrust and can reduce official pressure on platforms and agencies to police speech. Trump has been the consistent antagonist of the institutions that lost the most trust. That antagonism is often undisciplined and the underlying diagnosis is … Continue reading Trust in media, technology platforms, universities, and intelligence institutions continues to decline. Can the next administration meaningfully improve institutional credibility, or has the problem moved beyond the reach of any single president?

Abortion policy after Dobbs has returned largely to the states, yet it remains a national campaign issue. How significant should it be in voters’ decisions, and what are the realistic federal limits of either candidate’s position?

Prescott Valley, Arizona Correspondent — Dobbs returned the core policy choice to the states. Trump has taken a more restrained federal position than many in his party preferred, treating the question as largely settled at the state level. The alternative seeks to re-nationalize it through federal legislation. Voters who wanted the decision returned to the … Continue reading Abortion policy after Dobbs has returned largely to the states, yet it remains a national campaign issue. How significant should it be in voters’ decisions, and what are the realistic federal limits of either candidate’s position?

The role of the justice system and allegations of selective prosecution have become major campaign themes. Does this election represent a referendum on equal application of the law, and what practical steps could either candidate take to restore confidence?

Prescott Valley, Arizona Correspondent — When large numbers of voters believe the justice system is being used as a political weapon, the election becomes partly a referendum on equal application of the law. Trump has been the principal target of the most visible and contested prosecutions this cycle, and he is also the candidate campaigning … Continue reading The role of the justice system and allegations of selective prosecution have become major campaign themes. Does this election represent a referendum on equal application of the law, and what practical steps could either candidate take to restore confidence?

Immigration and border security have ranked among the top issues throughout the campaign. What are the clearest differences between the candidates on enforcement, asylum rules, and legal pathways, and which approach is more likely to produce a stable outcome?

Clermont, Florida Correspondent — The clearest differences are on the scale and speed of enforcement, asylum screening at the border, and whether legal pathways come after control or instead of it. Trump treats the border as a sovereignty and enforcement problem that has to be solved first. Harris and the current administration treated it more … Continue reading Immigration and border security have ranked among the top issues throughout the campaign. What are the clearest differences between the candidates on enforcement, asylum rules, and legal pathways, and which approach is more likely to produce a stable outcome?

If a future administration opened parallel state and federal files against a departing opposite-party president, would the defenders of the current docket still call that “the rule of law,” or would they rediscover process, venue, and timing as constitutional values?

Gastonia, NC The easiest constitutional principle in America is the one that binds the other side. The useful test is whether the sentence survives a change in the proper noun. Before running the test, I want to correct the tense in the question, because it is doing a great deal of work and it is … Continue reading If a future administration opened parallel state and federal files against a departing opposite-party president, would the defenders of the current docket still call that “the rule of law,” or would they rediscover process, venue, and timing as constitutional values?

The confirmation of Amy Coney Barrett to the Supreme Court has intensified debate over the Court’s future direction. How significant should the Court’s composition be in voters’ decisions, and what are the realistic stakes for the next four years?

Prescott Valley, AZ Correspondent — The Court's composition matters for regulation, religious liberty, the Second Amendment, and above all for the scope of administrative power, which is the question that touches the most law and gets the least attention. Barrett's confirmation is a durable consequence of this term and it's already accomplished. Voters who care … Continue reading The confirmation of Amy Coney Barrett to the Supreme Court has intensified debate over the Court’s future direction. How significant should the Court’s composition be in voters’ decisions, and what are the realistic stakes for the next four years?

Law and order became a central issue after the unrest of 2020. What concrete differences exist between the candidates on policing, prosecution of rioters, and federal support for cities, and which approach is more likely to restore order without overreach?

Wheeling, West Virginia Correspondent — Cities that tolerated sustained disorder saw businesses and residents leave, and the businesses that left were frequently the ones that had the least ability to absorb it. The President's position has been consistent: back the police, prosecute rioters, and use federal resources when a city won't maintain order. Biden's campaign … Continue reading Law and order became a central issue after the unrest of 2020. What concrete differences exist between the candidates on policing, prosecution of rioters, and federal support for cities, and which approach is more likely to restore order without overreach?