Questions tagged [separation-of-powers]
The separation-of-powers tag has no usage guidance.
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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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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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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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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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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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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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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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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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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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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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What allows the Connecticut legislature to exonerate previous witch convictions?
A number of news services have report on the Connecticut legislature voting to "exonerate" witch convictions from the 17th century. For example, this article from wtnh.com news:
With ...
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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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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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If a power is given to a public body unlawfully, can the public body use that power?
The premise to the question is:
A Secretary of State introduces a Regulation, granting a power to a public body. The Regulation is ultra vires - the Secretary of State did not have the power to ...
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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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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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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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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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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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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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What legal power does the Missouri Attorney General have to impose emergency regulations?
On April 13th 2023, Missouri Attorney General Andrew Bailey announced an emergency regulation which in most cases would ban gender-affirming care for trans people in the state (link):
In an effort to ...
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Can the governor of an Indian state remove a minister without the Chief Minister's advice?
Recently, Kerala's governor threatened to sack ministers.
Can he really do that without the CM's "advice"?
I have this doubt because office of the governor is not a democratically elected ...
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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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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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ABRA Powers violative of human rights act
Parliament tomorrow passes the Arbitrary Bullocks Removal Act 2023, entitling (but crucially not obliging; in other words, bestowing a power though not a duty) the minister of Justice to arbitrarily ...
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