The U.S. Constitution and state constitutions guarantee certain rights. Too often, government violates those rights instead of protecting them. The Goldwater Institute is committed to constitutional rule of law and focuses on property rights, campaign finance, legislative terms, balance of power among levels of government, processes of judicial appointment, and state sovereignty, among others.
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FOR IMMEDIATE RELEASE: SCOTUS decision in NLRB v CANNING only first step to curb executive overreachPosted on June 26, 2014 | Type: Press Release
Today’s unanimous decision by the nine justices is an important first step in curbing abuses by the country’s executive now and in the future, whether Republicans or Democrats are in power. The NLRB appointments at issue in this case were made by the President during congressional recesses to deliberately avoid the vetting process for political appointees that is central for our nation’s checks and balances to succeed. Fortunately, thanks to this decision, we can rein in that abusive process. But we must be steadfast in our fight against practices of this kind, and today’s victory is only one piece in the solution to curbing federal overreach. The NLRB, in particular, led by unvetted political appointees, has shown itself as an agency willing to make an end-run around the legislative process to seek major changes to the American landscape, most notably through efforts to implement card check nationwide through obscure agency rulemaking without the attention of the American public. That’s why we must continue to counterbalance federal overreach through reforms like Save Our Secret Ballot to protect American workers and the American economy no matter who is holding these agency seats and no matter how they come to hold office.”
Biggs v. BrewerPosted on September 11, 2013 | Type: Case
Earlier this year, the state passed a Medicaid expansion program that levies an unconstitutional provider tax on Arizona taxpayers, to fund the program. Under Prop. 108 of the state constitution, bills that enact new taxes or increase taxes must receive two-thirds majority vote in both houses of the legislature. The state’s Medicaid expansion bill fell well short of this threshold. The Goldwater Institute is representing legislators whose votes against Medicaid expansion should have defeated the bill but were effectively nullified when the expansion bill became law without the constitutionally required two-thirds majority approval guaranteed by Prop 108, their constituents who were denied representation when their senators’ and representatives’ votes were not counted, and Arizona taxpayers who have been deprived of the protection of constitutional separation of powers.
Cheaters Revenge Meets the New World OrderPosted on May 15, 2013 | Type: Blog | Author: Nick Dranias
What does poisoning a goldfish to get revenge on a cheating spouse have to do with the President’s power to make treaties? The constitutionally correct answer is: Nothing at all. Unfortunately, that’s not how the Obama Administration sees it. The Administration is claiming power to get into a domestic dispute under the authority of a chemical weapons treaty. And it is aggressively advancing the proposition that Congress’s power is essentially unlimited when based on the treaty power.
Fixing Federal Debt is Up to the StatesPosted on April 25, 2013 | Type: Press Release
In a policy report released this week, Goldwater Institute Director of Policy Development Nick Dranias proposes the Compact for America, an interstate compact concept to advance a balanced budget amendment through state legislatures. If approved by 38 states, the Compact would require the federal government to obtain the approval of the majority of legislatures to green light any increase above an initial debt limit. In other words, 26 states would have to cosign for the federal government’s credit card.
Courts should stop cities from evading property rights lawsPosted on April 24, 2013 | Type: Blog | Author: Christina Sandefur
Just over six years ago, Arizona voters overwhelmingly passed Proposition 207, one of the nation’s strongest protections for property rights, which requires governments to pay property owners when regulations reduce their property values.