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Questions tagged [separation-of-powers]

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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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43 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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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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1answer
165 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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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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4answers
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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1answer
377 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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1answer
85 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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1answer
253 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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3answers
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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6answers
117 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. ...