Our rights and liberties as Americans are best protected when state authority works within the bounds of our constitutional framework, and when government institutions rule within their legal mandates — even, and perhaps especially, when circumstances tempt them to stretch the law.
The latest example: President Biden, unfortunately, seems to have fallen prey amidst ongoing discussions about Japanese company Nippon Steel Corporation’s bid to acquire U.S. Steel. Biden, likely motivated by his waning electoral prospects in key battleground states like Pennsylvania , has caved to opponents of the acquisition, both on the left and right, who have suggested that CFIUS should advise the White House to block the deal on national security grounds.
The 2018 Foreign Investment Risk Review Modernization Act marked the last major expansion of CFIUS legal authority. These lawmakers pushed for a much broader expansion of CFIUS power, including the consideration of economic competitiveness factors in assessing foreign investment deals.