PUBLICATIONS BY Edwin Meese III
Research
Commentary
Media Appearances
2009 Research
September 16, 2009
The Meaning Of The Constitution
By Edwin Meese III
(WebMemo #2616)
The Constitution is our fundamental law because it represents the settled and deliberate will of the people, against which the actions of government officials must be squared. In the end, the continued success and viability of our democratic Republic depends on our fidelity to, and the faithful exposition and interpretation of, this Constitution, our great charter of liberty.
September 02, 2009
Defending Those Who Serve: Paying the Legal Costs of CIA Officers
By Edwin Meese III and Hans A. von Spakovsky
(WebMemo #2602)
CIA Director Leon Panetta's decision to use agency funds to pay for the legal defense of case officers targeted by President Obama and Attorney General Holder is not only legal under the CIA’s authorizing statute, but it is the correct position to take from a moral, public policy, and national security point of view.
August 28, 2009
The Trial Lawyers' Earmark: Using Medicare to Finance the Lifestyles of the Rich and Infamous
By Edwin Meese III and Hans A. von Spakovsky
(Legal Memorandum #47)
A proposed amendment to the America's Affordable Health Choices Act of 2009 would have generated abusive Medicare litigation on a massive scale to benefit plaintiffs' lawyers at the expense of the American taxpayer and Medicare beneficiaries. It is bad public policy that would increase health care costs and endanger the health and privacy of Medicare beneficiaries, and it should not be revived in the Senate or in committee.
February 09, 2009
Abraham Lincoln: Statesman for All Ages
By Edwin Meese III
(Heritage Lecture #1109)
Abraham Lincoln had a great interest in the Founding Fathers, and he was inspired by what they had begun. Lincoln’s leadership, his principles, and his thinking remain relevant to the conditions that we face today.
2008 Research
October 01, 2008
Action on Financial Rescue Plan Urgently Needed
By Stuart M. Butler, Ph.D., and Edwin Meese III
(WebMemo #2094)
A revised so-called "bailout" package is being readied for a Senate vote and subsequent action in the House. Action on this rescue package is urgently needed. Households across the nation are beginning to see the leading edge of the storm that is already roiling credit markets here and around the world.
September 29, 2008
The Bailout Package: Vital and Acceptable
By Stuart M. Butler, Ph.D., and Edwin Meese III
(WebMemo #2091)
Financial markets in the United States and around the world face a dire emergency requiring urgent and decisive action. The package of emergency steps now before Congress is intended to address that problem and restore America’s credit markets while protecting the taxpayer as much as possible from the cost of dealing with the crisis. Certain provisions are far more troubling, however, and raise serious constitutional concerns.
2007 Research
September 27, 2007
Beyond the Fairness Doctrine: Radio's Fight over the XM–Sirius Merger
By Edwin Meese III and James L. Gattuso
(WebMemo #1646)
Regulators should permit a merger that would strengthen competition and could lead to improved services for consumers.
July 09, 2007
Comments to FCC on Sirius - XM Radio merger
By Edwin Meese, III and James L. Gattuso
(WebMemo #9999)
In accordance with the Public Notice issued by the Commission on June 8, 2007 we respectfully submit these comments on the applications of XM Satellite Radio Holdings Inc. and Sirius Satellite Radio Inc. for consent to transfer control of licenses in connection with their proposed merger. We believe that the proposed merger is consistent with the public interest, and the Commission should grant the applications.
May 16, 2007
The United Nations Convention on the Law of the Sea: The Risks Outweigh the Benefits
By Edwin Meese III, Baker Spring, and Brett D. Schaefer
(WebMemo #1459)
Nothing has occurred since 2004 that should lead the Senate to reverse its earlier decision to decline to take up the treaty.
May 10, 2007
Where We Stand: Essential Requirements for Immigration Reform
By Edwin Meese III and Matthew Spalding, Ph.D.
(Backgrounder #2034)
In crafting immigration reform legislation, given the stakes involved, Congress should oppose and, if necessary, the President should veto any reforms or reform packages that do not comport with America’s core principles, are not in the best interests of the United States, and are inconsistent with the traditions and compassionate practices of America’s ongoing experiment in ordered liberty.
May 10, 2007
Executive Summary: Where We Stand: Essential Requirements for Immigration Reform
By Edwin Meese III and Matthew Spalding, Ph.D.
(Executive Summary #2034es)
In crafting immigration reform legislation, given the stakes involved, Congress should oppose and, if necessary, the President should veto any reforms or reform packages that do not comport with America’s core principles, are not in the best interests of the United States, and are inconsistent with the traditions and compassionate practices of America's ongoing experiment in ordered liberty.
January 31, 2007
Rebuilding the Reagan Coalition
By Edwin Meese III
(Heritage Lecture #988)
The conservative vision for America has been the engine of growth in terms of economic strength and freedom for America’s people. State policy institutions are uniquely positioned to lead the resurgence of conservative principles and translate this vision, as Ronald Reagan did, into practical projects and ideas that will motivate people and make fundamental conservative values a reality.
2006 Research
September 12, 2006
The Thompson Memorandum's Effect On The Right To Counsel In Corporate Investigations
By Edwin Meese III
(Testimony #9999)
Thank you for inviting my views on the United States Department of Justice’s policies and procedures for investigating suspected financial crimes by business organizations, including the Justice Department’s January 2003 memorandum, Principles of Federal Prosecution of Business Organizations, commonly referred to as the Thompson Memorandum.
July 20, 2006
Building the Right Regional Framework for Preparedness and Response
By Edwin Meese III
(Heritage Lecture #952)
State and local first responders are essential partners in the war on terrorism. When the Pentagon was attacked on 9/11, it was police, fire, and emergency services personnel from nearby counties that reacted. These state and local officials need to have input to planning at the federal level.
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.
March 01, 2006
Permanent Principles and Temporary Workers
By Edwin Meese III and Matthew Spalding, Ph.D.
(Backgrounder #1911)
To be acceptable both in principle and in practice, and to contribute to the objectives of comprehensive immigration reform, a temporary worker program must be truly temporary, not encourage illegal immigration, and not be an amnesty program. It must also include serious enforcement mechanisms, be administratively feasible and fully implemented, and require bilateral agreements with participating countries.
2005 Research
September 12, 2005
From Tragedy to Triumph: Principled Solutions for Rebuilding Lives and Communities
By Edwin Meese III, Stuart M. Butler, and Kim R. Holmes
(Special Report #05)
As Congress and the nation work to rebuild shattered lives and destroyed neighborhoods and businesses after the Katrina disaster, the need to take action swiftly must not lead to steps that cause dollars to be used inefficiently or to unwise decisions that frustrate long-term success. In addition, because the homeland security grant system and the billions given to state and local governments and to the private sector have not improved the nation's capacity to respond to catastrophic disasters, the Administration needs the authority and organization to build an effective national response system that can be quickly activated for such devastating disasters.
June 02, 2005
Alternatives to Amnesty: Proposals for Fair and Effective Immigration Reform
By Edwin Meese III, James Jay Carafano, Ph.D., Matthew Spalding, Ph.D., and Paul Rosenzweig
(Backgrounder #1858)
Congress and the President must reduce the number of individuals unlawfully present in the United States through a comprehensive solution that fosters national security, a growing economy, and a strong civil society. This should include a realistic program to help unlawfully present individuals return to their countries of origin before applying for legal reentry to the United States.
January 21, 2005
Organizing for Victory: Proposals for Building a Regional Homeland Security Structure
By Edwin Meese III, James Jay Carafano, Ph.D., and Richard Weitz, Ph.D.
(Backgrounder #1817)
For the most effective rollout of a regional homeland security plan, DHS leaders should enunciate its goals and guiding principles, explain how they will reorganize the DHS secretariat to provide effective oversight of the new structure, and give stakeholders time to comment on the plan's goals and objectives, which should result in a better proposal and in stakeholders' being more committed to the subsequent reorganization.
2004 Research
October 19, 2004
The Principles of Immigration
By Edwin Meese III and Matthew Spalding
(Backgrounder #1807)
Because immigration is inextricably connected to the principles upon which this nation is founded, policymakers must step back from the politics of the moment and develop a policy that considers real concerns related to national security, illegal immigration, welfare policy, economic responsibility for immigrants, enforcement of immigration laws, and the impact on state and local governments.
September 23, 2004
What a Comprehensive Intelligence Bill Should Contain
By Edwin Meese III, Larry M. Wortzel, Ph.D., Peter Brookes, and James Jay Carafano, Ph.D.
(Backgrounder #1799)
As it considers recommendations to reform the intelligence community, Congress should not rush to pass legislation that overburdens a National Intelligence Director with too many roles and responsibilities, misses other opportunities to improve the performance of intelligence collection (particularly for sharing information and protecting civil liberties), or neglects reforms that may strengthen and improve the capacity of individual agencies to do their jobs.
August 11, 2004
Sufficiency of Time, Attention, and Legal Authority
By Edwin Meese III
(Testimony #9999)
As requested by the Committee, I will present my views on the 9/11 Commission Findings concerning "Sufficiency of Time, Attention, and Legal Authority."
July 12, 2004
Marriage Amendment Protects Federalism
By Edwin Meese, III
(WebMemo #531)
The fundamental definition of marriage is no mere policy issue
April 30, 2004
The SAFE Act Will Not Make Us Safer
By Edwin Meese III and Paul Rosenzweig
(Legal Memorandum #10)
The major substantive provisions of the Security and Freedom Ensured Act of 2003 often rest on incomplete legal analysis and would make America's response to terrorism less effective. In the end, they appear to be little more than a political fig leaf that would allow politicians to claim that they have "fixed" the PATRIOT Act.
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.
October 03, 2001
The Administration's Anti-Terrorism Package
By Kim R. Holmes, Ph.D. and Edwin Meese III
(Backgrounder #1484)
The changes in law contained in the Administration's anti-terrorist proposal would be a small price to pay to enhance the nation's capabilities to apprehend terrorists. Whatever limited sacrifice in privacy and privileges there may be in these proposed measures is small in comparison to the long-term risks posed to civil liberties by terrorism.
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.
2009 Commentary
November 10, 2009
Reagan and the Fall of the Berlin Wall
By Edwin J. Meese III
For years, it has been the fashion in many ideological precincts to argue the collapse of the Soviet Union -- at more or less the moment it disintegrated -- was due almost entirely to Communism's structural weaknesses, and not to anything the West may have done to hasten its demise. In this view, while the two factions may have been at war for decades, the final result was not victory for one side so much as abdication by the other.
October 20, 2009
The Power of the Plaintiffs' Bar: Why Democrats are avoiding medical-malpractice reform at all costs
By Edwin J. Meese III and Hans A. von Spakovsky
The health-care bill the Senate Finance Committee approved makes a lot of promises. It will cost American taxpayers $829 billion, on top of an already out-of-control federal budget, as well as guarantee an increase in their individual medical expenditures.
October 01, 2009
Panetta Right to Defend CIA Interrogators
By Edwin J. Meese III and Hans A. von Spakovsky
Score one for the case officers targeted by President Barack Obama and Attorney General Eric Holder's reinvestigation of interrogators that the Department of Justice previously decided shouldn't be prosecuted. CIA Director Leon Panetta says he will use agency funds to pay for their legal defense.
January 16, 2009
Even Businessmen Deserve a Lawyer:How Eric Holder enabled federal prosecutors to bully defendants.
By Arlen Spector and Edwin J. Meese III
The Senate Judiciary Committee hearing on Eric Holder's nomination for attorney general has failed to focus on the threat to constitutional rights posed by what is known as the "Holder Memorandum." Near the end of the Clinton administration, this memo changed Justice Department policy regarding the formerly unquestioned right to counsel and to confidential communication with one's counsel.
The Holder memo allowed federal prosecutors to demand waiver of these rights in exchange for characterizing a corporation as "cooperating in an investigation" so that it would not be charged with a crime itself. It thus handed prosecutors a powerful weapon in white-collar criminal investigations.
2008 Commentary
September 05, 2008
Reagan's Midnight Ride
By Edwin J. Meese III
During the 1980 Republican convention in Detroit, some Republican leaders — mostly from the East — were suggesting that Ronald Reagan should pick former President Gerald Ford as his running mate. Although Mr. Reagan doubted that this arrangement would work, there was sufficient support for what many called “the dream ticket” that he felt he should at least look into it. After he arrived on Monday, he asked William Casey, Richard Wirthlin and me to meet with three Ford representatives (Alan Greenspan, Henry Kissinger and Jack Marsh) to see if the proposal was feasible.
August 22, 2008
Jail could be the location of your next business meeting
By Edwin Meese
A recent brochure from the National Federation of Independent Business Legal Defense Fund depicts a business man, dressed in a jail-type orange jumpsuit, sitting opposite his lawyer in a prison visiting room. The caption reads, “This could be your next business conference!”
2007 Commentary
October 09, 2007
Reagan and the Law of the Sea
By William P. Clark and Edwin Meese
It is an impressive testament to the abiding affection and political influence of former President Ronald Reagan that the fate of a controversial treaty now before the U.S. Senate may ultimately turn on a single question: What would Reagan do?
June 08, 2007
Invasive and Ineffective
By Edwin Meese III
Proponents of the latest Senate effort to change the nation's immigration laws emphasize border security. Indeed, the very title of the bill, the "Secure Borders Economic Opportunity and Immigration Reform Act of 2007," says so.
2006 Commentary
May 25, 2006
An Amnesty by Any Other Name...
By Edwin Meese III
In the debate over immigration, "amnesty" has become something of a dirty word. Some opponents of the immigration bill being debated in the Senate assert that it would grant amnesty to millions of illegal immigrants.
February 13, 2006
At last, sanity on terror
By Edwin Meese III
Addressing the nation's security in a post-9/11 world, the White House and dissident GOP senators have reached a deal on the most vital issue of the day, the Patriot Act. And it's about time.
2005 Commentary
October 07, 2005
Rule of Law at Stake in Immigration Debate
By Edwin Meese III and James Jay Carafano
When you reward someone for doing something, you encourage others to engage in similar behavior. That's why amnesty programs are the wrong way to address illegal immigration.
September 23, 2005
Supreme choice . . .
By Edwin Meese III
After 22 hours of testimony before the Senate Judiciary Committee, Americans have seen a lot of chief justice nominee John Roberts.
September 01, 2005
The Property Rights Test
By Edwin Meese III
Despite current hype from Senate Democrats, the landmark cases of the next five years probably won't concern civil rights, abortion or other issues that have liberals so worked up.
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.
June 06, 2005
The Case for 'Originalism'
By Edwin Meese III
Today's battles over judges have too often broken down along party lines. Democrats sought to filibuster judicial nominees. Republicans worked to guarantee nominees an up-or-down vote. Even the uneasy "truce" achieved last month was the result of politics, not principle.
March 09, 2005
A "Good Thing" for Former Prisoners
By Edwin Meese III and Knut A. Rostad
Dear Martha,
Welcome home and congratulations. According to published reports, you have done quite well for yourself while serving
January 03, 2005
Copyright is Copyright is Copyright
By Edwin Meese III
If John Adams and James Madison were alive today, they surely would marvel at how swiftly information can be exchanged via the Internet. But they also would be alarmed, I believe, to see ordinary citizens using this extraordinary technology in growing numbers to shoplift copyrighted intellectual property.
2004 Commentary
October 28, 2004
Baseball And The "Stolen" Election
By Edwin Meese III and Timothy Kane
The closer we get to Election Day, the more likely it seems that we'll witness another razor-thin margin of victory in the presidential race.
September 29, 2004
Letter to Congresswoman Marilyn Musgrave
By Edwin Meese III
The United States House of Representatives is considering whether or not to send a constitutional amendment protecting marriage to the States for their consideration.
September 02, 2004
Avoiding a Rush to Failure
By Edwin Meese III and James Jay Carafano
While reform is overdue, Congress must avoid a rush to failure. The chance to fundamentally restructure our national security apparatus comes along rarely.
July 16, 2004
Partisanship Is Their Principle
By Edwin Meese III
The drawn-out fight waged on Capitol Hill over many of President Bush's judicial nominees goes beyond the usual charges of rank partisanship.
July 13, 2004
Saying 'I do' to marriage
By Edwin Meese III and Matthew Spalding, Ph.D.
Some have cold feet. Others are indecisive. Many would rather avoid the issue.
July 08, 2004
Patriot Act's bum rap
By Edwin Meese III
How ironic that the primary law intended to protect Americans from terrorism has been subjected to countless attacks.
June 09, 2004
The personal diplomacy of Reagan
By Edwin Meese III
Ronald Reagan was a strong believer in personal diplomacy – the idea of having a face-to-face discussion with those he was seeking to persuade.
March 10, 2004
A Shotgun Amendment
By Edwin Meese III and Matthew Spalding, Ph.D.
To amend or not to amend? That's the big question when it comes to gay "marriage" and the Constitution
February 03, 2004
Votes May Be Hiding in Heap of Regulations
By Edwin Meese III and James L. Gattuso
The Bush administration enters its fourth year, the president needs to
commit to a governmentwide effort to reduce the regulatory burden.
2003 Commentary
September 01, 2003
Russell Kirk
By Edwin Meese III
To fully understand the importance of Russell Kirk, you must examine the history of the modern conservative movement – that is, since World War II. In 1964, the campaign of Barry Goldwater for President of the United States made conservatism a political movement. Ronald Reagan, beginning in 1967 as Governor of California, and then later as President of the United States from 1981 to 1989, established conservatism as a governing movement.
March 24, 2003
The Commitment of a Conservative
By Edwin Meese III
The Commitment of a Conservative
2002 Commentary
May 29, 2002
The Urgent Need for Civil Justice Reform
By Edwin Meese III and Paul Rosenzweig
The Urgent Need for Civil Justice Reform
2001 Commentary
November 27, 2001
Trade and Sovereignty
By Edwin Meese III and Todd Gaziano
Trade and Sovereignty
October 11, 2001
Balancing Security and Liberty
By Kim Holmes and Edwin Meese III
Balancing Security and Liberty
1995 Commentary
July 28, 1995
ED072895: Why We Need A "Conference of The States"
By Edwin Meese III
ED072895: Why We Need A "Conference of The States"