Academia, Congress, Constitutional Law

Turley to Speak Thursday At Federalist Conference In Washington

images-1Today I will have the pleasures of speaking at The Federalist Society’s 2015 National Lawyers Convention being held at the Mayflower Hotel in Washington, D.C. The theme for this year’s convention is: The Role of Congress. I will be on a panel entitled “Administrative Law: Agency Rule: How Congress Can Reclaim its Legislative Authority” starting at 2 pm in the State Room. I will have the honor of speaking with Hon. Tom Coburn, Former United States Senator, Oklahoma; Mr. Christopher C. DeMuth, Distinguished Fellow, Hudson Institute; and Prof. Michael Uhlmann, Claremont Graduate University. The panel will be moderated by the Hon. A. Raymond Randolph, U.S Court of Appeals for the District of Columbia.


The panel will be live streamed. As many of you know, my academic writings focus on the separation of powers and I have testified (here and here and here) and wrote a column on President Obama’s increasing circumvention of Congress in negating or suspending U.S. laws. I have argued that this trend (which did not start with President Obama) is dangerous for our system. For that reason, I am gratified to see the Federalist Society focusing its conference specifically on the loss of congressional power within our tripartite system of government.

This should be an interesting discussion and I look forward to hearing the remarks of my fellow panelists on different aspects of this growing crisis within our system.

12 thoughts on “Turley to Speak Thursday At Federalist Conference In Washington”

  3. RandyJet, you know who are supposed to regulate the nuclear industry? The bankers who lend the money and the insurance companies who the bankers pay to insure the facility and provide liability insurance. The real question is can we get the Judges to rule against the bankers and insurance companies in the event there is a nuclear disaster like Fukushima. If the government is not involved in the process, would the banks and insurance companies even participate in the project. I don’t think they would because the potential liability would be to great.

    Remember who owned the World trade Center and how much money he received? Larry Silverstein now owes the Sears Tower even though he was complicit in the destruction of at least WTC building 7.

    This is how the real world works RandyJet. Bernie Madoff clients lost fortunes even though the SEC was told and shown the evidence well in advance as to that he was operating a Ponzi scheme. About 8 years, 2002 by a private individual. They regulators were to stupid to figure it out and even when they were told, did nothing!!!!!!!

    If you want to pay money for regulation, go ahead but don’t ask me to waste my money on such foolishness.

  4. Randyjet, You mean those in government should write the technical manuals rather than those who actually designed and built it? Where are those in government supposed to obtain this miraculous much needed knowledge. From their college professors?

  5. Please present to them the essential power of the People in the Constitution, Professor.

    Article 2, Section 4

    “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

    Nullification, overreach and abject corruption are “beyond the pale.”

    Let’s get this party started.

  6. There are too many technical issues for Congress to decide in law, and which is why they create the many agencies. I would hate for Congress to regulate or issue technical specs for nuclear power plants and how they are to be run. The only space for Congressional law making is if the agency flouts the clear intent of Congress. I have had personal experience in this matter when Congress passed the law allowing for pilots to be armed after 9/11. The Dept. of Homeland Security and W Bush were vehemently against this, and Congress allowed the Dept to set the means and rules for this. They made it so onerous that as the head of Homeland told our reps, that no pilot in his right mind would apply. I guess they were trying to establish a Catch-22 rule. If you apply, you are crazy and cannot be trusted, if you don’t you are sane enough to get the gun. As in all things, moderation is best and crying wolf over regs that hurt some special interest does US no service.

    I am more than willing to give the EPA for example leeway to apply science to their problems rather than have Congress do the job. The same is true in aviation where Congress can have a positive effect or a deleterious one. The best example is getting rid of the age 60 rule for pilots. This continued even though many laws passed by Congress were openly flouted and the courts upheld that rule. If the administration of the regs can be held constitutional despite clear laws against it, then it will take an act of Congress to redress the problem. THAT is how to take care of the problem. Congress has ample means at hand other than courts to enforce their will. As a last resort, they can impeach the President of not following the laws. Hell, if they could impeach Clinton on such flimsy grounds as lying in a civil court case, then they surely can work their will apart from the courts.

  8. As more of an Anti-federalist like Jefferson, instead of a Federalist like Hamilton, it is never the less an interesting dynamic between the two isles. One favored a stronger central government which we have gotten. Any guesses as to which side that was. The side that does not protect individuals rights any longer but instead favors guessing at what is in the best interest of the majority. Well actually, they’re just trying to get benefits at the expense of everyone else but whose really noticing. Of course the true classical liberals are pretty much not allowed on the playing field anymore, between ballot access and the main stream media demonization. To many feeding off the public treasury to have a chance anymore.

    Don’t get me wrong, it’s good that somebody like Jonathan who does support the Constitution and Bill of Rights, gets to say a few words to these folks.

  9. There is a safeguard, built into the Constitution, that helps keep the President from usurping power. It is in the 1st Amendment’s Freedom of the Press, clause. The MSM has been negligent. If a Republican acts like Obama does there will be 24/7 coverage of the power grab w/ “CRISIS” being used incessantly.

  10. I have no doubt Carson and Trump are aware of the separation of powers. I’m certain those currently sitting in one of three branches of government are also aware. Edification is not the problem, humility is and so far, only Carson and perhaps Cruz have demonstrated the requisite amount of humility to honor the oath of office and respect the separation of powers.

  11. GOP presidential candidates like Ben Carson & Donald Trump should watch this.

    Running a government, is not the same as running a business. It’s understanding the separation of powers. JT should Tweet these guys to tune in for edification.

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