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 ...
- 194k
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 ...
- 23.6k
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 ...
- 210k
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 ...
- 23.6k
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 ...
- 113k
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 ...
- 730
7
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 ...
- 23.6k
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 ...
- 194k
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 ...
- 194k
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 ...
- 113k
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 ...
- 57.2k
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, ...
- 4,671
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 ...
- 29k
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 ...
- 57.2k
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 ...
- 194k
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 ...
- 465
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 ...
- 22.7k
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 ...
- 194k
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"...
- 210k
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 ...
- 113k
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.
...
- 197k
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 ...
- 3,330
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. ...
- 3,954
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 ...
- 194k
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 ...
- 197k
2
votes
Accepted
Why are Congressional Democrats suing the president? Isn't prosecution its own job?
Anybody can ask the courts to remedy a legal or Constitutional issue regarding the president, if they feel it has harmed them. People sue the president and other executive branch officials all the ...
- 29k
2
votes
How are police powers subject to separation of powers?
This page gives an overview of the essential legal issues regarding separation of powers. The peculiarity of the Capitol Police is that it is apparently "under" the legislative branch and ...
- 210k
2
votes
Can the supreme court enforce its rulings on the executive branch?
Does SCOTUS and the judicial branch have any way to actually enforce
laws on the executive branch?
Yes, although in practice, it is almost always trial courts and not the U.S. Supreme Court, that ...
- 194k
2
votes
Accepted
If a power is given to a public body unlawfully, can the public body use that power?
The public body will use that power
The flaw in the regulation can only be discovered once the power has been used and someone aggrieved by that takes the matter to court. The regulation has to be ...
- 197k
Only top scored, non community-wiki answers of a minimum length are eligible