PUBLICATIONS BY Todd F. Gaziano
Research
Commentary
Media Appearances
2009 Research
August 14, 2009
A CIA Special Prosecutor: A Wolf in Wolf's Clothing
By Todd Gaziano and Robert Alt
(WebMemo #2588)
Even assuming a criminal investigation of CIA interrogators is warranted, Attorney General Holder most definitely should not appoint a special prosecutor.
2008 Research
September 28, 2008
An Initial Review of the Bailout Agreement
By Alison Acosta Fraser and Todd F. Gaziano
(WebMemo #2089)
Administration and congressional negotiators reached agreement early Sunday on a package of actions to address the alarming financial situation facing the U.S. economy. Although several drafts of legislative language have been circulating, it is not yet possible to provide an overall assessment until the agreement’s final language is examined carefully. The devil is always in the details, and so it is wise to look at the details.
September 26, 2008
The Housing Bailout: Constitutional Infirmities Remain, but a Ray of Hope
By Andrew M. Grossman, Robert Alt, Todd Gaziano
(WebMemo #2086)
Congress can put together a plan that does not violate our fundamental law. Those who, for reasons of economic policy, favor the leadership/White House proposal must correct its legal flaws if they seek, in good faith, to uphold their duty to the Constitution and the people. To do otherwise would be to set bad precedent that may stain constitutional practice for generations to come.
September 24, 2008
All Deliberate Speed: Constitutional Fidelity and Prudent Policy Go Hand in Hand in Fixing the Credit Crisis
By Todd F. Gaziano and Andrew M. Grossman
(WebMemo #2079)
For sound policy and constitutional reasons, Congress should not recess until it acts on a solution to the credit crisis, but it should also be mindful of the virtues of calm deliberation and the dangers to liberty of a crisis mentality. The mounting resistance to the administration’s proposal presents an opportunity for careful deliberation. The constitutional and policy concerns expressed by many Members of Congress and thoughtful scholars this past week must be thoroughly considered, no matter what the practical time limit for action is on this matter.
January 25, 2008
The Intelligence Community Needs Clear - and Permanent - FISA Reform
By Robert Alt, Todd Gaziano, and Brian W. Walsh
(WebMemo #1782)
Congress should take the steps necessary to avoid hobbling America’s wartime intelligence-gathering abilities.
January 18, 2008
The Federal Government’s Brief in the D.C. Gun Ban Case: A Glass That Is More Than Half Full
By Todd Gaziano and Andrew M. Grossman
(WebMemo #1775)
The Solicitor General got the big question right: Americans do have a right to keep and bear arms.
2007 Research
October 16, 2007
Modernize FISA, But Don't Hobble American Intelligence Operations
By Brian W. Walsh and Todd Gaziano
(WebMemo #1666)
Congress should not impose unconstitutional restrictions on the ability of the executive branch to carry out one of its primary, constitutionally mandated functions: protecting Americans from acts of war by foreign enemies.
February 06, 2007
Congress's Iraq Resolutions: Without Resolve or Constitutional Purpose
By Todd Gaziano, Steven Groves, and Brian Walsh
(WebMemo #1347)
The proposed Iraq resolutions are an abuse of Congress's authority and an unreasonable interference with the President's exclusive authority to make strategic military decisions during wartime.
2006 Research
September 18, 2006
Congress Jeopardizes Its Own Powers by Balking on Terrorist Surveillance Program Compromise
By Todd Gaziano and Garrett Murch
(WebMemo #1218)
A legislative compromise is the only way that Congress can give the President support to continue a necessary program while preserving the constitutional claims of each branch for another day.
September 15, 2006
An Immoral Law: Congress Should Not Criminalize “Price Gouging” of Gasoline
By Todd Gaziano
(WebMemo #1214)
Imposing criminal liability for raising prices in a competitive market is ludicrous.
July 05, 2006
The Supreme Court Guantánamo Ruling: How the Administration Should Respond
By James Jay Carafano, Ph.D., Nile Gardiner, Ph.D., and Todd Gaziano
(WebMemo #1143)
Last week, the Supreme Court issued a split decision declaring unlawful the military commissions the United States planned to use at Guantánamo Bay. Regardless of the decision's legal merits, it is not a rebuke of the Bush Administration's conduct of the battle against the threat of transnational terrorist groups.
June 08, 2006
Abusing Hawaiian History: Hawaiians Knew Their History in 1959
By Erica Little and Todd Gaziano
(WebMemo #1117)
Hawaiian history rejects the idea of race-based rule
June 06, 2006
The 'Native Hawaiian' Bill: An Unconstitutional Approach in Furtherance of a Terrible Idea
By Edwin Meese III and Todd Gaziano
(WebMemo #1114)
The U.S. Senate is scheduled to begin debate as early as June 7, 2006, on the misleadingly named "Native Hawaiian Government Reorganization Act of 2005" (S.147). The proponents of this bill, some motivated by seemingly benign purposes and others by a desire to benefit from special preferences, argue that it redresses ancient wrongs done to early Hawaiians by various powers, including the United States. The bill purports to authorize the creation of an exclusively race-based government of "native" Hawaiians to exercise sovereignty over native Hawaiians living anywhere in the United States. This "Native Hawaiian Government" could allegedly exempt these Hawaiians from whatever aspects of the United States Constitution and state authority it thought undesirable. Not only is this a terrible idea; it is also unconstitutional.
2005 Research
December 21, 2005
Domestic Surveillance: Dual Priorities, National Security and Civil Liberties, Must Be Met
By James Jay Carafano, Todd Gaziano, and Alane Kochems
(WebMemo #950)
Wars cannot be won by sacrificing national security or fundamental civil liberties.
2002 Research
October 10, 2002
A Diminished Judiciary
By Todd F. Gaziano
(Testimony #9999)
Ten Democrats on the Senate Judiciary Committee are holding judicial nominees hostage in an attempt to hold vacancies open for liberal judicial activists. The long-term harm from the politicized confirmation process is even graver. For the rule of law to survive, the judicial confirmation process must be radically changed.
August 23, 2002
Office of Homeland Security Should Remain Independent
By Michael Scardaville and Todd F. Gaziano
(Backgrounder #1577)
The National Security Council provides a proven model for how an independent office accountable only to the President would work. The Senate should agree either to adopt the language in Title X of the House bill without amendment, creating the Office of Homeland Security as a similar independent office.
April 25, 2002
Procedures for the invocation of executive privilege
By Todd F. Gaziano
(Testimony #9999)
With the preceding framework in mind, there are several provisions of H.R. 4187 that appear to be flatly unconstitutional and others that raise serious constitutional concerns. These defects tend to compound each other, so that taken together, they render the entire bill even more clearly unconstitutional.
2001 Research
November 28, 2001
Why Trade Promotion Authority is Constitutional
By Edwin Meese III and Todd F. Gaziano
(Legal Memorandum #4)
The only action that will weaken overall U.S. sovereignty is for Congress to hobble the President's ability to negotiate trade deals with other nations by denying him enhanced trade promotion authority.
March 22, 2001
Executive Orders and Presidential Directives
By Todd F. Gaziano
(Testimony #9999)
Congress should modify or repeal the statutory delegations of power that Congress has granted to the President which have been abused or may be abused in the future.
March 14, 2001
Election Reform
By Todd F. Gaziano
(Testimony #9999)
Election Reform
February 21, 2001
The Use and Abuse of Executive Orders and Other Presidential Directives
By Todd F. Gaziano
(Legal Memorandum #2)
The Use and Abuse of Executive Orders and Other Presidential Directives
February 21, 2001
LM2ES: The Use and Abuse of Executive Orders
By Todd F. Gaziano
(Executive Summary #2)
LM2ES: The Use and Abuse of Executive Orders and Other Presidential Directives
February 12, 2001
Top Ten Myths About Campaign Finance Reform
By Todd F. Gaziano
(Legal Memorandum #5)
Top Ten Myths About Campaign Finance Reform
2000 Research
December 05, 2000
The Number of Electors Necessary for the Election of a President
By Edwin Meese III, Todd F. Gaziano, and Matthew Spalding, Ph.D.
(Legal Memorandum #1)
The argument that it takes only a simple majority of electors voting to elect the President, as opposed to a majority of the whole number, does not withstand constitutional scrutiny.
December 05, 2000
The Number of Electors Necessary for the Election of a President
By Edwin Meese III, Todd F. Gaziano, and Matthew Spalding, Ph.D.
(Executive Summary #1)
The argument that it takes only a simple majority of electors voting to elect the President, as opposed to a majority of the whole number, does not withstand constitutional scrutiny.
1999 Research
July 30, 1999
BG1315ES: Federal Litigation Against the Tobacco Industry
By Todd F. Gaziano
(Executive Summary #1315)
BG1315ES: Federal Litigation Against the Tobacco Industry: Elevating Politics Over Law
July 30, 1999
Federal Litigation Against the Tobacco Industry
By Todd F. Gaziano
(Backgrounder #1315)
Regardless of the merits of the legislative options, this litigation approach is wrong and would undermine the rule of law.
2009 Commentary
June 23, 2009
What Is Obama Trying to Cover Up?
By Hans A. von Spakovsky
Saying one thing on the campaign trail and doing another after taking office is nothing new. President Obama has done it repeatedly.
2007 Commentary
April 23, 2007
Listening For Terrorists: Surveillance Programs—Lessons Learned and the Way Ahead
By James Jay Carafano, Ph.D., Todd Gaziano, John Yoo, Suzanne Spaulding, and Mary DeRosa
In the wake of the September 11, 2001, terrorist attacks the National Security Agency (NSA) established a terrorist surveillance program to intercept the international communications of suspected transitional terrorists and their supporters.
2005 Commentary
August 30, 2005
The 'Native Hawaiian' bill
By Edwin Meese III and Todd Gaziano
The United States Supreme Court ruled decisively that this approach is unconstitutional in Rice v. Cayetano (2000).
July 27, 2005
The Ginsburg Rule
By Edwin Meese III and Todd Gaziano
Today's battles over judges have too often broken down along party lines. Democrats sought to filibuster judicial nominees.
July 05, 2005
A Fitting Property Rights Memorial
By Paul Rosenzweig and Todd Gaziano
One of the "great first principles of the social compact" is that a legislature cannot "take property from A and give it to B."
2004 Commentary
October 26, 2004
How to Make Your Vote Not Count
By Todd F. Gaziano and Tara Ross
A group of San Francisco outsiders is trying to change the way electoral votes are cast in Colorado's presidential elections. But why?
2003 Commentary
July 28, 2003
Judicial Misconduct in the Sixth Circuit
By Todd F. Gaziano
Senator Orin Hatch has decided to hold a hearing on the "Michigan Four," which is not some new Motown quartet.
June 17, 2003
Respect First Amendment
By Todd Gaziano
The difference between what the First Amendment says and what the U.S. Supreme Court rules can be surprising, especially when politicians in Congress manipulate rules that govern their own elections.
May 09, 2003
It's Time To Solve the Judicial Confirmation Crisis
By Todd F. Gaziano and Paul Rosenzweig
At the circuit court level alone, there are 15 openings currently listed as "judicial emergencies." Unfortunately, the Senate confirmation process is so shattered, it will require a bold and innovative move to put it back on the right track.
2002 Commentary
October 07, 2002
ED100702: A Statute a Seven-Year-Old Would Understand
By Todd F. Gaziano
ED100702: A Statute a Seven-Year-Old Would Understand
August 05, 2002
ed080502: A Partisan Blood-Sport
By Todd F. Gaziano
ed080502: A Partisan Blood-Sport
April 04, 2002
Justice Delayed...
By Todd Gaziano and Rich Tucker
Justice Delayed...
2001 Commentary
November 27, 2001
Trade and Sovereignty
By Edwin Meese III and Todd Gaziano
Trade and Sovereignty
May 11, 2001
Fraud is a More Serious Problem
By Todd Gaziano
Fraud is a More Serious Problem
2000 Commentary
December 13, 2000
Hoisted by Their Own Petard
By Todd Gaziano
Hoisted by Their Own Petard
December 08, 2000
It's the Legislature's Turn
By Todd Gaziano
It's the Legislature's Turn
November 16, 2000
The Legal Endgame: The Result is Getting Clearer
By Todd Gaziano
The Legal Endgame: The Result is Getting Clearer
November 6, 2009
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