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2 Aug 2024, 4:00 am
During the first week of constitutional law as conventionally taught in most American law schools (and as I teach it), students learn that, in the words of Chief Justice John Marshall speaking for the Supreme Court in Marbury v. [read post]
3 Sep 2019, 3:30 am
” The colorful and no-nonsense Speaker of the House of Commons, John Bercow, labeled the maneuver a “constitutional outrage. [read post]
23 Jun 2024, 9:01 pm
If Congress or the Executive branch is going to be thwarted by the judiciary, basic respect for separation of powers argues in favor of the Supreme Court taking up and considering the arguments of the co-equal political branches of the federal government. [read post]
4 Nov 2011, 8:07 am
In contrast to the other branches of the federal government, the Court is a small and closed environment. [read post]
21 Mar 2015, 6:55 am
In its forthcoming decision in the Zivotofsky case, the Court will deal with how the various powers exercised in the conduct of foreign affairs should be divided between the executive and legislative branches. [read post]
29 Apr 2022, 7:51 am
But Chief Justice John Roberts was not persuaded. [read post]
21 Feb 2007, 7:30 am
" Judge Griffith wrote a lengthy dissent, in which he explained that "[b]alancing the risks and benefits found at the forefront of uncertain scienceand medicine has been, for goodreason, the historical province of the democratic branches[,] [and] I can find no basis in the Constitution or judicial precedents to remove that function from the elected branches. [read post]
10 Oct 2008, 1:42 pm
Later, John Yoo, the author of the memo, was quoted as saying that Youngstown could be distinguished because it was a "domestic" case. [read post]
10 Mar 2020, 9:01 pm
Maryland.In that famous ruling involving the Bank of the United States, Chief Justice John Marshall, writing for the Court, struck down a tax that Maryland had specifically imposed on the Baltimore branch of the federally chartered Bank entity, on the ground that Maryland could not impose taxes targeted against the federal government to deter unpopular federal operations, so long as those operations (in this case the Bank of the United States) were constitutionally permissible, no… [read post]
12 Jul 2022, 11:11 am
NC State Conference of the NAACP identifies some of the conflicts that arise when the executive branch and legislative branch of a state are not on the same page. [read post]
15 Sep 2022, 9:01 pm
’”“The Dobbs case” he continued “is historic and will afford the Court the opportunity to return political decision making to the legislative branch and revisit ‘substantive due process. [read post]
10 Jul 2018, 2:55 pm
In a March speech, he emphasized that the judicial branch is a central focus of his administration. [read post]
3 May 2013, 9:52 am
The current Chief Justice, John Roberts, is the youngest appointee to the Court in two hundred years. [read post]
8 Mar 2010, 3:00 am
John Hochfelder has written quite a bit on that recurring issue, including this:So I don't at all question the integrity, acumen, or commitment of our appellate court judges. [read post]
14 Jun 2017, 5:44 pm
Likewise, even Supreme Court justices who believe that the government may not endorse religion think that it’s fine for government officials to express religious views in their speeches — here, for instance, is the view of Justices John Paul Stevens and Ruth Bader Ginsburg in Van Orden v. [read post]
13 May 2020, 3:26 pm
And so the response was . . . the states will create this counterbalance to whatever power the executive branch and the national government as a whole can accumulate. [read post]
20 Jun 2008, 7:55 am
" Howrey has 67 lawyers in its San Francisco and east Palo Alto branches. [read post]
27 Jun 2013, 10:21 am
In 1996 Congress enacted and the executive branch signed the Defense of Marriage Act. [read post]
6 Aug 2012, 5:00 am
Some of you may know that Lincoln agonized over the military commission conviction of John Yates Beall in February of 1865. [read post]
6 Sep 2019, 12:15 pm
Since Jacobi’s research on gendered interruptions, Chief Justice John Roberts has been asked publicly about how to resolve that problem. [read post]