Executive (government)

Solicitor-general confirms Voice model is legally sound, will not 'fetter or impede' parliament

Retrieved on: 
Friday, April 21, 2023

The federal government today released the long-awaited legal advice on the Voice to parliament from Australia’s solicitor-general, Stephen Donaghue.

Key Points: 
  • The federal government today released the long-awaited legal advice on the Voice to parliament from Australia’s solicitor-general, Stephen Donaghue.
  • is not just compatible with the system of representative and responsible government prescribed by the Constitution, but an enhancement of that system.

The Voice to parliament

    • This means that if an Aboriginal and Torres Strait Islander Voice is to be able to inform law and policy, it needs to speak to both the parliament and the executive.
    • Section 129(2) provides that the Aboriginal and Torres Strait Islander Voice “may make representations” to the parliament and the executive government on matters relating to Aboriginal and Torres Strait Islander people.
    • They argue ministers and public servants will need to give the Voice time and information to enable the Voice to make representations.
    • Read more:
      Why can't we just establish the Voice to Parliament through legislation?

Who is the solicitor-general?


    The solicitor-general is Australia’s second highest-ranking law officer, after the attorney-general. However, while the attorney-general is a political position filled by a member of parliament, the solicitor-general is independent. Their job is to provide independent legal advice to the government and represent the Commonwealth in legal proceedings. The solicitor-general was asked to advise the government on two questions.

What does the advice say?

    • First, the Voice does not alter the powers of parliament or government in any way.
    • Section 129(2) also does not impose any obligation on parliament or the executive to consult with the Voice or follow its advice.
    • It asked whether the parliament or executive would be required to consider or follow representations made by the Voice.
    • This means parliament could enact a law to require ministers or public servants take the advice of the Voice into account when making decisions.

What happens next?

    • It seeks to provide an opportunity for them to have their voices heard in the design and delivery of law and policy that affects them.
    • Prime Minister Anthony Albanese has argued the solicitor-general’s advice “puts to bed” concerns raised by Dutton and others.

FAIR Applauds House Judiciary Committee's Approval of the Border Security and Enforcement Act and Urges Swift Approval by the Full House

Retrieved on: 
Thursday, April 20, 2023

WASHINGTON, April 20, 2023 /PRNewswire/ -- The following statement was issued by Dan Stein, president of the Federation for American Immigration Reform (FAIR), regarding today's approval of the Border Security and Enforcement Act by the House Judiciary Committee:

Key Points: 
  • WASHINGTON, April 20, 2023 /PRNewswire/ -- The following statement was issued by Dan Stein, president of the Federation for American Immigration Reform (FAIR), regarding today's approval of the Border Security and Enforcement Act by the House Judiciary Committee:
    "The Federation for American Immigration Reform congratulates the House Judiciary Committee for taking the first step toward restoring order and integrity to our nation's borders.
  • The much-needed Border Security and Enforcement Act clearly defines the Executive Branch's responsibilities when it comes to preventing people from entering the country illegally, detaining and removing those who do, and ending the rampant abuse of our asylum system.
  • These are responsibilities that are being systematically neglected or undermined by the Biden administration.
  • "In addition, the bill aims to rein in the Biden administration's abuse of parole authority, under which it is allowing tens of thousands of illegal migrants to enter the United States every month on the flimsy pretense that they will be removed at some point in the future.

NCLA Challenges IG Committee’s Structure and Illegal Interference with Inspector General Operations

Retrieved on: 
Wednesday, April 5, 2023

NCLA, a nonpartisan, nonprofit civil rights group, filed a Complaint today in Fredricks, et al.

Key Points: 
  • NCLA, a nonpartisan, nonprofit civil rights group, filed a Complaint today in Fredricks, et al.
  • NCLA represents IG Cuffari; Kristen Fredricks, Chief of Staff for IG Cuffari and Acting Deputy IG for External Affairs; James M. Read, Chief Counsel to IG Cuffari; and Joseph E. Gangloff, a former Deputy Director of the Office of Government Ethics.
  • CIGIE and its IC were created and are authorized by the Inspector General Reform Act of 2008.
  • The Integrity Committee’s lack of oversight and unconstitutional structure have enabled it to weaponize investigations to sidetrack an entire IG office indefinitely.

IT-AAC Releases Its Second Report on 20 Year Continuing Financial Management Systems Modernization Failures at the Department of Homeland Security

Retrieved on: 
Wednesday, April 12, 2023

This hard hitting report can be found here at IT-AAC.org or within the Publications Tab on our website www.IT-AAC.org/reports/ .

Key Points: 
  • This hard hitting report can be found here at IT-AAC.org or within the Publications Tab on our website www.IT-AAC.org/reports/ .
  • The IT-AAC is asking Congress to halt DHS' Financial Management System Modernization again.
  • IT-AAC is urging Congress and the Biden Administration to freeze the FMSM program and immediately halt the allocation of funding.
  • A new GAO Report just released on February 28, 2023 ( DHS Financial Management: Actions Needed to Improve Systems Modernization and Address Coast Guard Audit Issues | U.S. GAO ) took a deeper look at the USCG failure.

Ban of TikTok in United States

Retrieved on: 
Thursday, March 2, 2023

On March 1, 2023, the U.S. House of Representatives Foreign Affairs Committee voted to put H.R.

Key Points: 
  • On March 1, 2023, the U.S. House of Representatives Foreign Affairs Committee voted to put H.R.
  • 1153 or the Deterring America’s Technological Adversaries Act to a vote of the full House of Representatives and the Senate.
  • The bill would appear to give the Executive Branch of the U.S. government the ability to impose a full nationwide ban on TikTok under the International Emergency Economic Powers Act, citing the need to crack down on China-related economic activity.
  • In addition, Lomotif makes it easy to share videos on social media platforms and is free to download and use.

NCLA Amicus Brief Challenges CPSC’s Unconstitutional Shielding of Commissioners from Removal

Retrieved on: 
Wednesday, February 8, 2023

Petitioners challenge the rule on several grounds, including: a) CPSC’s failure to comply with the Consumer Product Safety Act, and b) the Commission’s unconstitutional structure shielding CPSC commissioners from at-will removal.

Key Points: 
  • Petitioners challenge the rule on several grounds, including: a) CPSC’s failure to comply with the Consumer Product Safety Act, and b) the Commission’s unconstitutional structure shielding CPSC commissioners from at-will removal.
  • But, because they are not subject to the President’s at-will removal, CPSC Commissioners may not exercise such executive power.
  • But since CPSC Commissioners do exercise executive power, Humphrey’s Executor does not protect them from at-will removal by the President.
  • Circuit should follow Humphrey’s by holding that CPSC cannot exercise executive power because its Commissioners are shielded from at-will removal by the President.

MS-13 Murder Suspect Released into U.S. as an Unaccompanied Alien Child

Retrieved on: 
Monday, January 23, 2023

The UAC suspect allegedly strangled his victim to death, only months after being released into the United States.

Key Points: 
  • The UAC suspect allegedly strangled his victim to death, only months after being released into the United States.
  • At what point did the Executive Branch learn that this individual was connected to MS-13, and was he released into the United States despite evidence of his affiliation?
  • If so, who is the sponsor, did the sponsor undergo a background check, and what did that background check reveal?
  • “The media must also demand that the Biden administration stop with its anti-transparency agenda and start providing full immigration histories on demand.”

Eleventh Circuit Court of Appeals Holds Congress’ State Tax Cut Ban Unconstitutional, in NCLA Win

Retrieved on: 
Saturday, January 21, 2023

The ruling marks NCLA’s second amicus win on appeal—following Commonwealth of Kentucky and State of Tennessee v. Janet Yellen, et al.

Key Points: 
  • The ruling marks NCLA’s second amicus win on appeal—following Commonwealth of Kentucky and State of Tennessee v. Janet Yellen, et al.
  • So, the court agreed with NCLA that Treasury is not permitted to clarify the Tax Cut Ban’s ambiguous text through regulation.
  • NCLA commends the U.S. Court of Appeals for the Eleventh Circuit for safeguarding states’ sovereign taxing authority.
  • NCLA released the following statements:
    “With admirable clarity, the unanimous panel has preserved state fiscal autonomy essential to Americans’ self-governance.

Will Goodman Named ARA Senior Vice President

Retrieved on: 
Wednesday, January 11, 2023

WASHINGTON D.C., Jan. 11, 2023 (GLOBE NEWSWIRE) -- ARA is pleased to announce the promotion of Will Goodman to ARA Senior Vice President.

Key Points: 
  • WASHINGTON D.C., Jan. 11, 2023 (GLOBE NEWSWIRE) -- ARA is pleased to announce the promotion of Will Goodman to ARA Senior Vice President.
  • Goodman joined ARA in September 2020 as an ARA Vice President and was tasked with establishing and directing ARA’s Government Relations enterprise.
  • “Will’s exceptional performance in this role over the last two years warrants his promotion to ARA Senior Vice President,” said ARA CEO Rob Sues.
  • “Prior to joining ARA in Sept 2020, Will articulated a vision for growing a successful Government Relations (GR) enterprise at ARA.

NCLA Asks Court to Bar ATF’s Attempt to Unilaterally Change Criminal Law With Bump Stock Ban

Retrieved on: 
Thursday, January 5, 2023

NCLA, a nonpartisan, nonprofit civil rights group, asks the U.S. District Court for the District of Utah to declare ATF’s “Bump Stock Rule” invalid and require the government to return the bump stock confiscated from Plaintiff Clark Aposhian.

Key Points: 
  • NCLA, a nonpartisan, nonprofit civil rights group, asks the U.S. District Court for the District of Utah to declare ATF’s “Bump Stock Rule” invalid and require the government to return the bump stock confiscated from Plaintiff Clark Aposhian.
  • It is instead about who has the constitutional prerogative to change the criminal law if changes are warranted.
  • The current statute, adopted in 1986, defines “machinegun” in a manner that does not encompass non-mechanical bump stocks.
  • It is unlawful for a prosecutorial entity like ATF to rewrite existing law without authorization from Congress.