This episode of Liberty Law Talk is a conversation with congressional scholar Louis Fisher on his recent book, Congress: Protecting Individual Rights. Fisher argues that contrary to popular belief, Congress, not the Court, has been the foremost champion in protecting the rights of racial minorities, children, Native Americans, and religious liberties.
Originalism sits uneasily with the concept of independent agencies, and textualism raises questions about the basis for some agencies' independence.
The oldest emergency proclamation dates to the Carter Administration, 40 years ago. Two generations of crisis are enough.