Regulation without Representation

What to know: Cities currently exercise regulatory authority over residents in their extraterritorial jurisdiction (ETJ), which refers to the area just outside the city limits; but that power may soon be ended. As explained further by The Texan, “A regulatory scheme at the local government level could topple like a house of cards if two Brazos County residents are successful in their lawsuit at the Texas Supreme Court.”

The TPPF take: Texans are being governed by people they didn’t elect nor do they want. That’s fundamentally wrong.

“The U.S. and Texas Constitutions promise citizens a republican form of government wherein political representation and consensual rule are central. But the ETJ system in place today denies residents that important constitutional guarantee, producing a truly troubling dynamic,” says TPPF’s James Quintero. “We should not tolerate this system of regulation without representation.”

For more on ETJs, click here.


Letters of Marque

What to know: Russia continues to defy sanctions on its liquefied natural gas exports by utilizing a “ghost fleet” of LNG tankers.

The TPPF take: U.S.-authorized privateers could play a role in policing those ghost ships.

“Bringing back privateers, sanctioned under the U.S. Constitution, to target the Russian ghost fleet can bolster national security while the U.S. fleet is rebuilt,” says TPPF’s Chuck DeVore. “This approach, grounded in historical precedent and legal framework, would enhance U.S. strategic flexibility, especially if paired with a policy that promoted American energy dominance.”

For more on Privateers, click here.


Due Process

What to know: The U.S. Supreme Court has struck down the Security and Exchange Commission’s practice of using administrative law judges to decide disputes. The High Court ruled that defendants have a right to a jury trial.

The TPPF take: This is what one of the most important Supreme Court decisions of this year involved.

“The SEC wins in 90% of its cases tried within the agency as opposed to 69% of cases in federal court,” says TPPF’s Christian Townsend. “Even assuming that the ALJs are somehow immune to confirmation bias and pressure from their bosses, the numbers, at the very least, suggest corruption.”

For more on ALJs, click here.