Questions tagged [separation-of-powers]

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14 votes
2 answers
3k views

Can the Vice President vote themselves into positions of power?

With the retirement of Stephen Breyer from the Supreme Court, and Biden's promise to nominate a Black woman to fill the vacancy, some of the most far-fetched speculation about the nominee has involved ...
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  • 835
-3 votes
1 answer
71 views

How does the gridlock protect minorities?

In this video, at 6:32, Justice Scalia was talking about the separation of powers. In fact, the Bill of Rights was an afterthought, and the "initial" Constitution did not include a Bill of ...
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2 votes
1 answer
77 views

Are agencies controlled by the President or not? How much control is enough for a textualist to accept the Chevron doctrine?

In this video, at 11:20 Justice Scalia says: Congress created a series of agencies insulated from presidential control In the same video, at 57:06, in answering a question about the Chevron doctrine,...
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6 votes
5 answers
3k views

How are police powers subject to separation of powers?

I recognized that finding a precise definition of police powers is a bit challenging. But, would it be reasonable to say that police powers are those powers of government reserved to the States by the ...
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11 votes
3 answers
3k views

Are anti BDS laws in the USA violating the doctrine of separation of church and state and/or freedom to assemble?

Many state and federal lawmakers support anti BDS laws. BDS is a movement about boycotting Israel for alleged human rights abuses. (It stands for Boycott Divestment and Sanctions.) A federal court has ...
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0 votes
3 answers
176 views

How does [arbitrary attorney] have standing?

As I understand it, Judge Sullivan has a conflict with the executive branch and appointed an attorney to plead his case. But how can one delegate power one doesn’t have? Either the power is delegated ...
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  • 189
1 vote
2 answers
177 views

Can the supreme court enforce its rulings on the executive branch?

I've just read this article on Slate. In it, they describe how Trump's administration has ignored deadlines imposed by the U.S. District Court after losing a case to SCOTUS (I bolded the most relevant ...
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2 votes
1 answer
61 views

Separation of powers, role of the ministry of Justice

I understand that the law differs from country to country but what is the general consensus on the separation of powers regarding this particular matter: Recently, the ministry of justice (in an ...
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  • 21
6 votes
2 answers
1k views

What ever happened to the Nixon Pocket veto case?

What ever happened to the Nixon Pocket veto case? This is the case where members of congress sued over President Nixon's recess veto of a spending bill.
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14 votes
4 answers
2k views

What is the legal theory which allows members of active military service to be legislators?

Rep. Tulsi Gabbard is a Hawaii Army National Guard major. She is also a serving member of the House of Representatives. On the face of it, it seems to be a violation of the separation of powers ...
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  • 2,410
3 votes
1 answer
69 views

Which powers can the President delegate to other officers or employees of the Executive Branch?

The President is the head of the Executive Branch of the United States Government. As the head of the branch a lot of things are formally done by the President, but in actuality many tasks are ...
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6 votes
1 answer
492 views

Is the premise of Robert Mueller about how a sitting President cannot be indicted imply that a sitting President is above the law?

Background In page 213 of the Mueller Report, the Special Counsel team describes thier considerations that guided their obstruction-of-justice investigation. First, a traditional prosecution or ...
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  • 1,529
-2 votes
1 answer
179 views

Public Library Bannning "Problem Patrrons" : Scope and Source of Authority?

Public libraries in the USA many times add a “Code of Conduct” to their collection of “policies.” They typically include a provision for banning “problem patrons” from the library for as long as life....
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  • 21
1 vote
0 answers
84 views

Has the civil service law ever been challenged in court by a president?

The Pendleton Civil Service Reform Act is one of the main reason why Federal employees often considered themselves as having a lifetime tenure, unable to be fired. Although the act certainly had a ...
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7 votes
4 answers
1k views

Can Congress legislate the structure of court rulings?

Suppose Congress, in the interest of keeping rulings easier to read and interpret, passes a law that says the judicial branch at large must provide a summary of its findings that does not directly ...
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1 vote
1 answer
495 views

Can Congress dissolve the other branches?

Congress has the power to amend the Constitution. In theory, could they pass an amendment repealing Articles II and III, effectively dissolving the other two branches? This is clearly contrary to the ...
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1 vote
1 answer
96 views

Why are Congressional Democrats suing the president? Isn't prosecution its own job?

I heard Congressional Democrats are filing an emoluments lawsuit against Trump. I don't get this. Wasn't prosecution of "high crimes and misdemeanors" (aka impeachment) in Congress's own job ...
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  • 1,236
0 votes
1 answer
277 views

Constitutionality of laws restricting employment practices in the executive branch

There is a large body of US Federal law dealing with the employment of government workers. For example, there are laws detailing under what circumstances an employee can be fired and what ...
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4 votes
3 answers
2k views

Why can't federal courts issue advisory opinions?

In the United States, federal courts are not allowed to issue advisory opinions under the "case or controversy" requirement specified in the Constitution. Many states also do not allow their courts to ...
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  • 730
3 votes
6 answers
123 views

Is a judge paid by the state allowed to hear criminal cases?

In my case the other party is the state. The judge also receives local judicial benefits from the state which is a party appearing before him. Like in my case it's my name verse state of Washington. ...
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