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Archive of entries posted on October 2013

The Public Debt Clause and Other Things You Can’t Take to the Bank

Monday the Federalist Society hosted a teleforum on the debt ceiling with Senator Mike Lee, David Rivkin of Baker Hostetler, and Professor Richard Epstein. The call featured an interesting debate between Rivkin and Epstein on Section 4 of the 14th Amendment, also known as the Public Debt Clause. Unfortunately, the sound quality on Epstein’s line [...]

Senate “Official Office” Designations Still a Black Box

Yesterday Roll Call reported on a memorandum issued by the Senate Disbursing Office to guide Senate employees on the considerable intricacies of their health insurance situation. However, with regard to the foundational question of whether any particular employee may continue to receive health insurance through the FEHB or, conversely, must get insurance through the DC [...]

Tillman on the Origination Clause

Seth Barrett Tillman sends the following comments on the Origination Clause: The Constitution provides: All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. U.S. Const. Art. 1, Sect. 7, Cl. 1. If the House sends a non-revenue bill to [...]

Heritage Foundation Panel on Recess Appointments

This Thursday, October 10, at noon, the Heritage Foundation will be hosting an event on recess appointments and the case currently pending in the Supreme Court. Senator Mike Lee will deliver opening remarks, followed by a panel discussion by Professor John Yoo and me. Here is the synopsis of the event: Recess is over, but [...]

Judge Jackson’s “Fast” and Furious Decision

Though it might seem like a distant memory (what with everything else going on), the House’s civil contempt lawsuit against Attorney General Eric Holder still percolates in the courts. The House is investigating “Fast and Furious,” but the resulting litigation is more like “Slow and Cranky.” On September 30, Judge Amy Berman Jackson issued a [...]

CAO Fact Sheet on Congressional Health Insurance

The House Chief Administrative Officer has issued this fact sheet regarding federal health insurance available to Members of Congress and those lucky staffers found to be employed in a Member’s “official office.” Following OPM’s guidance, the CAO states: Members of Congress and congressional administrative staff are best equipped to make the determination as to whether [...]