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35 votes

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

An anti-BDS law may be invalid in some circumstances, but this has nothing to do with the establishment clause of the First Amendment. Boycotting or not boycotting Israel is not an inherently ...
ohwilleke's user avatar
  • 218k
21 votes
Accepted

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

First, this issue doesn't come up for people on active duty. 10 U.S. Code § 973 forbids active-duty military officers from holding or exercising the functions of an elective federal office; DoDD ...
cpast's user avatar
  • 23.9k
18 votes

Can the Vice President vote themselves into positions of power?

The US Constitution Art. 1 §3 cl. 4 says The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. No clause of the ...
user6726's user avatar
  • 215k
16 votes

How are police powers subject to separation of powers?

I think you're being confused by two separate definitions of "police power." The police power under the 10th Amendment has nothing to do with "the police," i.e. people with guns ...
cpast's user avatar
  • 23.9k
11 votes

Can the Vice President vote themselves into positions of power?

Separation of powers is a guideline, or perhaps it might better be called a design goal, of the US federal government, not an unbreachable rule. Strictly speaking, confirmation of executive ...
David Siegel's user avatar
9 votes
Accepted

Why can't federal courts issue advisory opinions?

Advisory opinions violate the separation-of-powers doctrine. The "case or controversy" clause helps enforce this separation. The judicial branch is responsible for resolving legal disputes by ...
bwDraco's user avatar
  • 740
9 votes
Accepted

Can Congress dissolve the other branches?

Congress has the power to propose amendments, but not to enact them. Amendments are only enacted once they're ratified by 3/4ths of the state legislatures. And yes, there's no reason to think it would ...
cpast's user avatar
  • 23.9k
9 votes

Can courts nullify/strike down rules of the legislature if they violate fundamental rights?

germany The Bundesverfassungsgericht can strike down laws if they are against the constitution. Laws are generally passed with a simple majority (sometimes just of the federal legislature, sometimes ...
o.m.'s user avatar
  • 18.2k
7 votes

What ever happened to the Nixon Pocket veto case?

The New York Times reported on the veto which I think that the question is referring to on December 31, 1970. The Congressional Research Service reported on the issue on March 30, 2001 and the ...
ohwilleke's user avatar
  • 218k
7 votes
Accepted

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

Does the Special Counsel's non traditional prosecutorial decision making put the president above the law since he is unable to be prosecuted? All federal government employees, including the ...
ohwilleke's user avatar
  • 218k
7 votes

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

This can be effected without evidence or trial or a right to an appeal in front of an objective party. Not so. If a person is charged with a crime for violating such a code, (or refusing to leave ...
David Siegel's user avatar
7 votes

How are police powers subject to separation of powers?

"Police power" is not the authority to send people out in blue uniforms with badges and guns to enforce the law. The Supreme Court defines it like this: The police power of a State embraces ...
bdb484's user avatar
  • 60.4k
7 votes
Accepted

What allows the Connecticut legislature to exonerate previous witch convictions?

The resolution in Connecticut is a statement that has been agreed by the state's legislature, but is not a law. If it were, it would indeed need to be signed by the Governor, by virtue of Article 4, ...
alexg's user avatar
  • 6,755
6 votes
Accepted

What ever happened to the Nixon Pocket veto case?

It looks like you're referring to Kennedy v. Sampson. The DC District Court heard the case (364 F. Supp 1075 (1973)) and granted summary judgment to the plaintiff Sen. Edward Kennedy, holding that ...
Nate Eldredge's user avatar
6 votes

Can Congress legislate the structure of court rulings?

Probably.* Congress has wide latitude to dictate the procedures of "inferior courts" -- the district courts and circuit courts of appeal. Those courts only exist because Congress created them, so ...
bdb484's user avatar
  • 60.4k
6 votes
Accepted

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

Doesn't the last statement contradicts the first one? Are agencies controlled by the President or insulated from his control? These statements aren't contradictory. They just reflect a somewhat ...
ohwilleke's user avatar
  • 218k
6 votes
Accepted

Would Vivek Ramaswamy have the power to release the full Geoffrey Epstein client lists?

Would Vivek Ramaswamy have the power to release the full Geoffrey Epstein client lists? No. The case was filed in the U.S. District Court for the Southern District of New York, a federal trial court ...
ohwilleke's user avatar
  • 218k
6 votes

Can courts nullify/strike down rules of the legislature if they violate fundamental rights?

australia What “fundamental rights”? The courts can strike down any law that violates the Constitution, however, apart from the free exercise of religion, the Australian Constitution contains no ...
Dale M's user avatar
  • 211k
5 votes

Can Congress legislate the structure of court rulings?

Very likely not. Yes, Congress is empowered by Article III of the Constitution to "ordain and establish" Federal courts, as necessary, and the very first Congress did most of the work via the ...
BradC's user avatar
  • 475
5 votes

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

The President of the United States is not ordinarily the Commander in Chief (CiC) of the Hawaiian National Guard (HNG). Unless mobilized by the President, the Hawaiian National Gueards CiC is the ...
hszmv's user avatar
  • 23k
5 votes

Does US courts' application of the "political questions doctrine" to breach of international conventions not itself breach them?

The Genocide Convention was/is understood to not be self-executing in US domestic law. The President was not to deposit the U.S. instrument of ratification until after Congress had enacted legislation ...
Jen's user avatar
  • 57.4k
4 votes

Why can't federal courts issue advisory opinions?

The rationale for the case and controversy requirement is that first, you don't want to burden the courts with resolving hypothetical questions, second, that the law, particularly in common law ...
ohwilleke's user avatar
  • 218k
4 votes
Accepted

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

As an example, POTUS does not undertake the entire pardon process on his own, instead they are preliminarily processed by the Department of Justice, which makes a recommendation. Only POTUS can "grant"...
user6726's user avatar
  • 215k
4 votes

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

The US courts (including the US Supreme Court) do not have an army or even a police force under their direct control, except for a few court bailiffs. Ultimately, if the executive simply defies the ...
David Siegel's user avatar
4 votes
Accepted

Based on what legal basis is former AG Edwin Meese arguing that appointment of Jack Smith was improper?

What other basis is Edwin Meese relying on to make this Amici Curiae argument? You have reasonably summarized the argument being made and its weaknesses in your question. Meese is really counting on ...
ohwilleke's user avatar
  • 218k
3 votes

How does [arbitrary attorney] have standing?

Attorneys are not delegates Keeping things very simple: Judge Sulivan has standing because he is the person named in the writ. Everyone has standing to challenge an order made on them personally. ...
Dale M's user avatar
  • 211k
3 votes

How does [arbitrary attorney] have standing?

If a random attorney at the direction of a judge has standing to challenge actions within executive branch jurisdiction, why didn’t a judge prosecute the banks guilty of criminal fraud leading to the ...
Kevin's user avatar
  • 4,659
3 votes

Constitutionality of laws restricting employment practices in the executive branch

Many laws control the conduct of the executive branch "Attempting to control the conduct of the executive branch" doesn't imply a violation of the constitutional separation of powers. ...
K-C's user avatar
  • 4,024
3 votes

Can Congress legislate the structure of court rulings?

Usually yes, possibly sometimes no. There is an area of the law where Congress does this exact thing. If a court wants to transfer certain kinds of federally regulated retirements assets titled in ...
ohwilleke's user avatar
  • 218k
3 votes

Why can't federal courts issue advisory opinions?

Incidentally, the law is the same in Australia flowing from Re Judiciary Act 1903-1920 & In re Navigation Act 1912-1920 [1921] HCA 20; (1921) 29 CLR 257 (16 May 1921): that is the High Court is ...
Dale M's user avatar
  • 211k

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