The Powell Perspective™

07/09/2025

Publius

Are we in a moment of constitutional crisis?

This article examines whether the United States is experiencing a constitutional crisis, focusing on executive actions that test institutional guardrails, such as firing agency heads, withholding congressionally appropriated funds, and unilaterally redefining federal terms. It argues that while lawsuits and injunctions have challenged these actions, the deeper crisis stems from toxic polarization and conflicting constitutional visions among American elites, rather than definitive institutional failure. The piece contrasts recent executive overreach with historical precedents and emphasizes the role of polarization in driving constitutional conflicts. Full article - https://www.deseret.com/magazine/2025/07/04/is-america-in-constitutional-crisis/

Reclaiming Constitutional Law: Limiting Executive Power Overreach, Expanding Shields

This piece announces an academic workshop addressing executive overreach, particularly the Trump administration’s policies targeting higher education, DEI practices, and free speech. It frames these actions as a "Great White Lie" campaign that weaponizes civil rights laws to censor discussions on race and gender, threatening constitutional principles. The workshop aims to develop strategies for reclaiming constitutional safeguards against executive power expansions and defending academic freedom. Full article - https://www.buffalo.edu/baldycenter/events/conferences/reclaiming.html

The RE Doctor

This article examines the optimistic outlook for commercial real estate in 2025, highlighting robust performance in industrial sectors and steady retail growth. It addresses challenges like climate risks and interest rate uncertainty while emphasizing opportunities in affordable housing and public-private partnerships. Full article - https://www.jpmorgan.com/insights/real-estate/commercial-real-estate/commercial-real-estate-trends

2025: A Pivotal Year for Commercial Real Estate Recovery

The analysis presents six reasons for commercial real estate optimism in 2025, including strong "buy" cycle indicators and rising rental demand due to global housing shortages. It argues that shifting preferences toward renting over buying could drive growth in living-sector investments. Full article - https://www.weforum.org/stories/2025/01/2025-pivotal-year-market-recovery-commercial-real-estate/

Skier Tom

PSIA Junior Instructor Program at Maple Ski Ridge

This program targets 12-14-year-old skiers at levels 6-7, combining online PSIA certification modules with 12 hours of on-snow training and lesson shadowing. It focuses on developing teaching skills, public speaking, and professionalism, with successful graduates earning national junior instructor recognition and guaranteed instructor positions at the resort for eligible participants. Full article - https://www.mapleskiridge.com/psia-junior-instructor-ski-program

Coach-in-Training Program at Powder Ridge

This initiative teaches snowsports instruction fundamentals through hands-on coaching assistance, improving participants' skiing/snowboarding while developing communication and leadership abilities. A unique community benefit allows program hours to count toward high school graduation service requirements, with top performers invited to join the resort's instructor team at age 16. Full article - https://powderridgepark.com/lessons-programs/coach-in-training/

Founder's Paradox

The Perils of Founder Worship

This article examines the risks of idolizing startup founders, which can lead to inadequate governance and catastrophic failures like FTX. It advocates for early adoption of ethics codes, stronger VC due diligence, and traditional board structures to counter founder-centric control and mission-driven hype. Full article - https://clsbluesky.law.columbia.edu/2025/05/20/the-perils-of-founder-worship/

The Reality of Corporate Governance for Start-ups

This piece argues that tailored governance frameworks are essential for startups to balance agility with accountability. It recommends starting with advisory boards and scaling oversight gradually, adopting critical policies to avoid legal or operational risks while maintaining growth momentum. Full article - https://www.chrysalix.com/news_insights/the-reality-of-corporate-governance-for-start-ups

Secrets of Capital Raising

Global Private Markets Report 2025

This report analyzes key trends reshaping private equity in 2025, including innovations in capital raising through non-traditional sources like high-net-worth individuals and alternative vehicles. It highlights evolving LP-GP dynamics, diversification benefits, and long-term performance advantages driving institutional allocations despite liquidity constraints. The research identifies how GPs adapt to regulatory shifts while expanding assets under management beyond traditional closed-end funds. Full article - www.mckinsey.com/industries/private-capital/our-insights/global-private-markets-report

Leaning Into the Turbulence: Private Equity Midyear Report 2025

Bain's analysis reveals how geopolitical tensions and trade policies are reshaping investment strategies, with LPs reallocating capital toward real estate, infrastructure, and private credit. The report details refinancing trends, systematic fundraising approaches, and geographic diversification tactics as funds navigate volatile markets. It emphasizes countering trade-related volatility through income-generating assets and institutional coinvestment expansions. Full article - www.bain.com/insights/private-equity-midyear-report-2025