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2018 | Spring Issue

Killing the Regulatory State

Federal agencies are becoming a rogue fourth branch of government.

There is very little that can be done today without first obtaining multiple permissions from an army of bureaucrats.

— James Burling, Pacific Legal Foundation

what’s inside

Ending the Unconstitutional Regulatory State

Todd Gaziano

In 1876, Kudzu was introduced into the United States as an attractive and seemingly harmless vine; however, the invasive species has strangled vast territories. A similar invasive species has sprawled throughout the United States federal government: the mass of federal regulatory agencies that we refer to as “the regulatory state.” And— through a sophisticated and com- prehensive litigation, research, and education plan—PLF is taking proverbial shears to this unconstitutional mass of government entanglement and dismantling the regulatory state.

The Forgotten Man of the Regulatory State

Larry G. Salzman

The regulatory state began last century during the New Deal, inspired by earlier Progressives who believed that individualism, capitalism, and the Constitution were obstacles to prosperity.

Administrative Corruption in a Free Society

James S. Burling

The English Historian Lord Acton told us that “power tends to corrupt, and absolute power corrupts absolutely.” As those who have been battling government agencies for many years know, it can be added that administrative power corrupts both the governing and the governed just the same. As bureaucracies grow, so too does their reach. As their reach grows, freedoms diminish. And as freedoms wither, people are tempted to compromise their rights in order to survive.

Due Process: Criminals vs. Property Owners

Jeremy Talcott

One of America's most cherished constitutional guarantees is the promise that no one may be deprived of life, liberty, or property without due process of law. Many people know of the due process protections for people accused of a crime, such as the presumption of innocence and the right to counsel. But adjudication processes by regulatory agencies are different, and sometimes result in property owners being treated worse than criminals.

Public Health and Free Speech Threatened by Vaping Regulation

Thomas Berry

After the husband passed away from lung cancer, Kimberly Manor decided that she wanted to help other longtime smokers quit and hoped to prevent others from going through the pain she experienced. Kimberly owns and operates Moose Jooce in Lake, Michigan, a store that sells vaping products. These devices, sometimes known more generally as “electronic nicotine delivery” products, provide Kimberly’s customers with a real alternative to smoking, one that many studies and testimonials have suggested could be a much safer alternative.

WOTUS Victory Strikes a Blow to the Regulatory State

Tony Francois

A unanimous decision by the U.S. Supreme Court on January 22 vindicated 11 PLF clients like John Duarte and Kevin Pierce who simply wanted to challenge the Environmental Protection Agency in federal court. PLF’s victory ensures that future challengers to the Clean Water Act and regulatory malfeasance will have plenty of time to take the EPA to court.

Remembering our Friend and Colleague Reed Hopper

James S. Burling

On Christmas Eve I lost a friend, PLF lost a star attorney, and the nation lost a great advocate for freedom. With the passing of Reed Hopper, we have much to mourn but at the same time much to celebrate in having been blessed to share Reed’s passion for the law and liberty. But even more than that, Reed had an unerring sense of right and wrong, and the innate ability to choose the higher path in everything he did.

A T-Shirt Will Not Destroy Democracy, But Government Censorship Could

Collin Callahan

When Andy Cilek, executive director of Minnesota Voters Alliance, went to the polls in 2010, he was kept from voting for five hours because a poll worker decided that his clothing violated Minnesota’s “voting dress code.” Eventually, he was allowed to cast his vote, but poll workers took down his name for possible prosecution. All because of a t-shirt.

Families Struggle with Government-Forced, Race-Based Education

Joshua P. Thompson

Lashawn Robinson's oldest son, Jarod, has missed out on Hartford, Connecticut’s public magnet school lottery year after year, even though the school has the space to take him. Once a student who loved school and excelled at it, years of bullying and poor education at his neighborhood school have slowly drained the boy’s academic vigor. The reason? He’s black.
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Stories of liberty and justice

Sword&Scales is a quarterly magazine with in-depth stories about liberty, equality, and justice. Published by Pacific Legal Foundation, a public interest law firm with a winning record at the Supreme Court, Sword&Scales features narratives from history, courtroom showdowns, and the real experiences of people fighting for their rights.

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