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26 Jul 2010, 6:44 am
Nevertheless, it is accepted that the executive branch is to defend the constitutionality of laws previously passed, even if the executive branch does not like the law. [read post]
15 Jun 2017, 6:04 am
Oil States maintains that patents are private property rights and should be challenged in an Article III judicial branch court, making IPRs unconstitutional. [read post]
2 Nov 2011, 8:07 am
Moreover, whatever discretion Congress has in defining offenses disappears when it broadly delegates that power to another branch, as it has in the ATS. [read post]
12 Nov 2023, 12:30 pm
Administrative judges, unlike regular judges, operate within the executive branch of the US government, as opposed to the judicial branch. [read post]
12 Feb 2018, 7:12 am
In light of these recent cases, a striking discord between the Trump Administration’s stricter immigration policy and the judicial branch is evident. [read post]
2 Jul 2020, 4:19 am
The Court’s “Final Thoughts” In the last several paragraphs, by Justice Elizabeth Kerr, the Court took an unusual detour from the conventional judicial opinion and offered “Some Final Thoughts” The court criticized “Lawfare” as “an ugly tool by which to seek environmental policy changes the California Parties desire, enlisting the judiciary to do the work that the other two branches of government cannot or will not do to… [read post]
16 Sep 2021, 9:28 am
” Nevertheless, he found that PASS failed to demonstrate associational or individual standing and that “the judicial branch [cannot] order a co-equal branch of government to implement … a statewide mask requirement for all public schools. [read post]
25 Apr 2008, 7:47 am
The few judicial decisions and AG opinions on the reorg law suggest that the governor may or may not be able to dismiss the appointed members out of hand, but he can certainly ask them to resign (Fletcher's course in the racing commission case) or make them a minority on the new board by increasing its size and appointing new members (subject to the law that boards be evenly split between the top two political parties). [read post]
27 Sep 2010, 7:36 am
The Court was mainly concerned with the idea of the legislative branch interfering with one of the rights of the judicial branch, that is, the right of a jury to come to its own conclusion about damages. [read post]
28 Nov 2018, 9:15 am
The bill also contains changes to the federal rule-making process, expands the open record laws, creates ethics requirements for the judicial branch, including the Supreme Court, and creates an independent U.S. [read post]
29 Jul 2010, 2:34 am
It was the beginning of the Executive Branch telling the Judicial Branch they were not to be trusted. [read post]
30 Oct 2008, 10:15 am
Thus, strictly speaking, living constitutionalism is not a theory of constitutional interpretation at all but a theory of constitutional construction.Today people generally associate "living constitutionalism" with judicial decisions; but the political branches actually produce most living constitutionalism. [read post]
17 Jan 2024, 3:30 am
And if Chevron were overruled, the federal courts would inevitably be required to resolve policy questions properly left to the “political branch[es]. [read post]
20 May 2024, 8:35 am
Article 131 of Iran’s constitution states that if a president were to die while holding office, their first deputy would fulfill the responsibilities of the deceased, and work with representatives of the judicial and legislative branches to ensure a new president can be elected within 50 days. [read post]
15 Dec 2011, 4:42 pm
“If he had his way, a Supreme Court that ordered an end to racist segregation policies would become a puppet of the political branches,” The New York Times editorial board asserts. [read post]
10 Nov 2008, 9:38 pm
It is left to the legislative branch to determine how best to accomplish this goal. [read post]
21 Sep 2007, 2:55 pm
Sentencing Commission simultaneously claimed them under the judicial branch.... [read post]
21 Aug 2018, 11:54 am
The bill also contains changes to the federal rule-making process, expands the open record laws, creates ethics requirements for the judicial branch, including the Supreme Court, and creates an independent U.S. [read post]
16 Mar 2016, 6:30 am
As the primary drafter of the Virginia Plan, which was introduced at the Constitutional Convention, Madison proposed a government based on a balance between the executive, legislative and judicial branches with the legislative branch separated into two chambers. [read post]
22 Mar 2021, 1:49 pm
It would also repeal existing prohibitions on the executive branch from promulgating rules to require government contractors to disclose all of their political spending. [read post]
