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24 Oct 2016, 3:30 am
More than that, it is also a call for a systemic restoration of the jury, one grounded in a proper appreciation of the structural constitutional role juries were meant to play vis-à-vis the legislative, executive, and even judicial branches of government. [read post]
8 Aug 2020, 2:33 pm
In its decision, the court found that “the ordinary and effective functioning of the Legislative Branch critically depends on the legislative prerogative to obtain information, and constitutional structure and historical practice support judicial enforcement of congressional subpoenas when necessary. [read post]
15 Aug 2023, 7:56 pm
The President cannot remove appointees whose policymaking she disapproves of in most cases, reducing oversight by the executive branch. [read post]
28 Mar 2023, 10:19 am
Gorsuch argued that the appointment of the private attorneys as special prosecutors gave the judiciary branch the appointment power that belongs to the executive branch. [read post]
14 Nov 2008, 12:35 pm
Today people generally associate "living constitutionalism" with judicial decisions; but the political branches actually produce most living constitutionalism. [read post]
12 Oct 2011, 2:11 pm
A higher Court overturned this decision, a perfect illustration of how the judicial branch operates. [read post]
5 Oct 2011, 11:44 am
The longstanding position of the Executive branch is that determinations of immunity made by the Executive branch are binding on U.S. courts and are not subject to judicial review. [read post]
2 Feb 2023, 8:55 am
So, what is to be done once scholars and the public lose the taken-for-granted belief that aggressive judicial review is necessary or even beneficial for our constitutional framework? [read post]
4 Feb 2023, 6:00 am
So, what is to be done once scholars and the public lose the taken-for-granted belief that aggressive judicial review is necessary or even beneficial for our constitutional framework? [read post]
11 Nov 2007, 9:24 am
Because Congress has utterly failed to do its job in checking the Executive Branch. [read post]
19 Mar 2017, 9:30 pm
It also suggests that judicial review of agency economic analysis can create powerful incentives for agencies to improve. [read post]
19 Mar 2017, 9:30 pm
It also suggests that judicial review of agency economic analysis can create powerful incentives for agencies to improve. [read post]
16 Feb 2017, 4:02 am
For the judicial branch, the tools are logic, law and precedent. [read post]
22 May 2012, 2:02 am
One implication of severance is that, like campaign finance, serious constitutional challenges arising from the Affordable Care Act will continue for years to come, continually pitting the judiciary against the executive branch, and thereby continually calling the Court’s legitimacy into question. [read post]
5 Nov 2018, 5:13 am
Volokh, the proposed intervenor, wants to review, understand, and comment on these legal proceedings both due to his interest in First Amendment jurisprudence and to assist the public in checking the integrity of the judicial branch. [read post]
16 Nov 2018, 4:16 pm
It is often claimed that the executive and legislative branches have special expertise on immigration and national security policy that judges cannot match. [read post]
29 Dec 2008, 6:30 am
As the Court stated:[t]he very nature of executive decisions as to foreign policy is political, not judicial. [read post]
26 May 2009, 10:58 am
When looking at those courts, the focus on inter-branch actions isn't very helpful. [read post]
12 Oct 2011, 6:15 am
The creation of a formal apex court, autonomous of the elected branches of government, is also a milestone in the formalisation of the judicial branch and its functions and a manifestation of the ongoing shift in the balance of power, away from politicians towards the judges, which has implications for all constitutional institutions. [read post]
26 Nov 2012, 2:20 pm
It’s well known that the Chief Justice does double duty, serving not only as one of seven justices but also as chair of the Judicial Council, the policy-making body for the state’s entire judicial branch of government. [read post]
