The Powell Perspective™

07/05/2025

Publius

How the Constitution Constrains Presidential Overreach Against the States

This article examines constitutional safeguards against presidential overreach targeting state governments, emphasizing separation of powers and "anti-commandeering" doctrine. It argues that the Constitution provides explicit pathways to challenge abuses of federal power, particularly through state-level legal defenses and judicial review. The analysis highlights recent conflicts where states successfully invoked constitutional principles to resist federal encroachment.
https://statecourtreport.org/our-work/analysis-opinion/how-constitution-constrains-presidential-overreach-against-states

Tillis Co-sponsors Legislation to Stop Unconstitutional Judicial Overreach

This piece details the Judicial Relief Clarification Act of 2025, co-sponsored by Senator Thom Tillis, which aims to end universal injunctions by limiting federal court rulings to parties directly involved in cases. The legislation addresses concerns about judicial overreach by requiring nationwide relief claims to proceed as class actions, reinforcing constitutional boundaries on judicial authority.
https://www.tillis.senate.gov/2025/4/tillis-co-sponsors-legislation-to-stop-unconstitutional-judicial-overreach

The RE Doctor

This article outlines an optimistic outlook for commercial real estate in 2025, highlighting robust performance in industrial sectors driven by e-commerce and steady retail growth. It identifies opportunities in affordable housing and public-private partnerships while addressing persistent challenges like climate risks and interest rate uncertainty. Key sectors include multifamily properties showing resilience and office spaces adapting to hybrid work demands.

https://www.jpmorgan.com/insights/real-estate/commercial-real-estate/commercial-real-estate-trends

The article details emerging trends like increased investment in sustainable properties due to environmental demands and tax incentives, alongside hybrid work driving demand for flexible residential and commercial spaces. It emphasizes technology integration for market analysis and underscores shifts toward mixed-use developments catering to remote work needs.

https://myfw.com/articles/real-estate-investment-trends-to-know-in-2025/

Skier Tom

10 Skiing Tips from the Professional Ski Instructors of America

This article compiles expert advice from PSIA-certified instructors across the U.S., offering actionable techniques to improve skiing proficiency. It highlights PSIA’s partnership with the U.S. Ski Team to refine athlete performance through fundamental skill analysis, emphasizing posture, turn dynamics, and terrain adaptation. The tips blend technical insights with teaching methodologies used in professional instruction.
https://www.skimag.com/performance/instruction/skiing-tips-psia-instructors/

Junior Instructor Program at Purgatory Resort

Purgatory Resort’s volunteer-based program trains teens aged 13–15 to become future ski/snowboard instructors using PSIA and AASI standards. Participants receive season-long coaching in teaching methods, terrain navigation, and leadership skills, with benefits like a free season pass and real-world lesson-shadowing experience. The initiative focuses on developing confidence, communication, and community engagement through mountain sports.
https://www.purgatory.ski/junior-instructor-program/

Founder's Paradox

The Perils of Founder Worship

This article critiques the tendency to idolize startup founders, which can lead to governance failures and ethical lapses. It advocates for early adoption of governance standards, startup-specific ethics codes, rigorous VC due diligence, and traditional board structures to prevent disasters like the FTX collapse. The piece emphasizes that legal accountability must override founder-centric narratives to protect stakeholders.
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 outlines practical strategies for implementing governance in startups without hindering agility. It recommends beginning with informal advisory boards, evolving toward formal director boards, and adopting essential policies early to mitigate legal and operational risks. The approach emphasizes scaling governance proportionally with company growth to maintain transparency.
Full article - https://www.chrysalix.com/news_insights/the-reality-of-corporate-governance-for-start-ups

Secrets of Capital Raising

This article details a high-volume sales funnel approach to fundraising, revealing that founders must contact 200+ investors for a $3–4 million seed round. It emphasizes structured persistence through multiple meeting stages and diligent documentation preparation, while prioritizing warm introductions over cold outreach in today's competitive environment.

Full article - https://www.rightsidecapital.com/blog/navigating-the-2025-fundraising-landscape-strategic-insights-for-early-stage-startups

From Bootstrap to Billions: Your Ultimate Guide to Raising Capital in 2025

The guide explores three emerging 2025 fundraising trends: AI-powered venture matching for investor compatibility, revenue-based financing to avoid equity dilution, and DeFi business loans offering global accessibility. It analyzes pros and cons of each method, providing strategic frameworks for capital acquisition.

Full article - https://preferredcfo.com/insights/from-bootstrap-to-billions-your-ultimate-guide-to-raising-capital-in-2025