Articles Tagged with Federal government

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The legislative branch of the United States government (embodied in Congress, which consists of the House of Representatives and the Senate) is the cornerstone of the federal lawmaking process and a central pillar of the constitutional system of checks and balances. Through its exclusive powers to enact laws, oversee the executive branch, and shape national policy, Congress functions within a broader framework of shared authority known as the separation of powers.

In this posting, we explore key questions surrounding the legislative process, followed by overviews of congressional powers beyond lawmaking, the practical operation of separation of powers, and the exercise of war powers in a divided government. Our goal is to provide material that will be useful to law and legislative librarians, the legal profession at large, and anyone whose work or civic responsibilities require engagement with these fundamental issues.

I. Lawmaking Authority

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In a timely and thought-provoking piece published in the Criminal Justice Magazine (Spring 2025), Richard Alan Ginkowski, a judge, and legal educator who has contributed to American Bar Association publications, urges legal professionals and advocates to take a closer look at an often-overlooked resource: their own state constitutions. His article, titled “Your State Has a Constitution. Why Not Use It?,” appears in the Spring 2025 issue of Criminal Justice Magazine, a publication of the ABA’s Criminal Justice Section.

Ginkowski’s analysis highlights how state constitutions, often richer in individual rights and more flexible than their federal counterpart, can serve as powerful tools in advancing criminal justice reform, protecting civil liberties, and shaping legal strategy. By drawing attention to recent judicial decisions and emerging advocacy trends, the article reminds practitioners that when federal remedies fall short, state constitutional claims may offer a compelling alternative.

This article is essential reading for anyone involved in litigation, policymaking, or public interest advocacy, offering a fresh perspective on how to reinvigorate the use of state-level constitutional law in the pursuit of justice.

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From the Congressional Budget Office (CBO), June 12, 2025:*

OVERVIEW:

“This interactive tool illustrates the distributional effects of H.R. 1, the One Big Beautiful Bill Act. It allows users to explore how H.R. 1, as passed by the House of Representatives on May 22, 2025, would affect the economic resources available to households grouped on the basis of their income. (See CBO’s estimate of the budgetary effects of the bill.)

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Congressional Budget Office (CBO) Report, June 5, 2025.

CBO estimates that debt-service costs under H.R. 1, the One Big Beautiful Bill Act, would total $551 billion over the 2025–2034 period—increasing the bill’s cumulative effect on the deficit to $3.0 trillion.

Summary:

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Opening Statement:

In a democracy founded on the rule of law, the independence of the legal profession is not merely a professional concern, it is a public necessity. Recent events involving unprecedented attempts to target a prominent law firm highlight the critical intersection between the role of lawyers and the constitutional limits on presidential power. Understanding this moment requires not only examining the specific facts but appreciating the broader principles at stake: free speech, access to counsel, and the preservation of democratic governance against executive overreach.

Introduction

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This posting consists of commentary on  Roger Citron’s article, Judge Wilkinson’s Dualist Opinion in Abrego Garcio v. Noem: Judicial Review of Executive Action in a Transformative Time,  amplified with information from additional sources related to Bruce Ackerman’s theory of the United States as a dualist democracy.

In his article, Roger Citron revisits Bruce Ackerman’s theory of the United States as a dualist democracy, presenting a timely analysis of how this framework sheds light on current constitutional tensions. Through a close reading of Judge J. Harvie Wilkinson III’s opinion in Abrego Garcia v. Noem, Citron suggests we may be witnessing an effort at higher lawmaking—a constitutional transformation driven not just by legal arguments, but by political and public realignment.

Ackerman’s concept of dualist democracy, introduced in We the People: Foundations, distinguishes between two modes of governance (Bruce Ackerman, We the People: Foundations 6–8 (1991),

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The Congressional Budget Office (CBO)* analyzed the effects of alternative budget scenarios in which provisions of the 2017 tax act were extended and the average interest rate on federal debt increased.

Summary:

This letter responds to a request for an analysis of projected deficits and debt under alternative scenarios for the budget and interest rates. Specifically, Congressman Schweikert asked how CBO’s baseline projections of deficits and debt—which reflect the scheduled expiration of certain provisions of the 2017 tax act (Public Law 115-97) under current law—would change if all provisions of that act were extended permanently. Congressman Schweikert also asked how the projections would change further if interest rates were higher than expected.

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The Congressional Budget Office (CBO)* has created a workbook to allow users to define and analyze alternative economic scenarios by specifying differences in the values of four economic variables relative to the values underlying CBO’s January 2025 projections.

SUMMARY:

This workbook allows users to define and analyze alternative economic scenarios by specifying differences in the values of four economic variables—productivity growth, labor force growth, interest rates, and inflation—relative to the values underlying the Congressional Budget Office’s most recent projections. Those projections were published in The Budget and Economic Outlook: 2025 to 2035.

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INCLUDES U.S. SUPREME COURT SUMMARIES:

During the week ending March 7, 2025 we have received listings of 21 Government and Administrative Law Summaries,  22 Constitutional Law summaries, 63 Criminal Law Summaries, 3 White Collar Law Summaries,  1 Copyright Law Summary, 9 Intellectual Property Summaries, 3 Medical Malpractice Summaries, and 2 U.S Supreme Court Summaries. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  March 7, 2025:

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The sheer volume of Executive Orders issued by the White House since the start of this administration can feel overwhelming, especially for those tasked with monitoring these actions regularly. To assist in navigating this fast-paced environment, we have reviewed over a hundred websites to identify the most reliable and direct sources for tracking Executive Orders on an ongoing basis. In our selection process, we excluded sites that provide in-depth analysis of individual orders but lack a primary focus on continuous tracking. This post includes a  link to a site which discuss what executive orders are, followed by links to our curated list of “go-to” resources designed to help you stay up-to-date with Executive Orders as they are issued.

WHAT IS AN EXECUTIVE ORDER?

What is an Executive Order ABA

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