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16 Jun 2015, 9:01 pm by Michael C. Dorf
Exactly 800 years to the day after King John agreed at Runnymede to the terms of Magna Carta, the United States Supreme Court sharply divided over the meaning of the American Constitution’s implementation of what is arguably the most central provision of both the English and American documents. [read post]
8 Feb 2010, 11:53 am by Jon
Randolph, ed. (1850)A Disquisition on Government, John C. [read post]
4 Dec 2008, 4:10 pm
So I can't help but get a little thrill out of posts with titles like -  Enumerated Clauses - When the Trunk is Too Short for the Branch. [read post]
21 Feb 2013, 9:37 am by Raffaela Wakeman
” As an alternative, Katyal proposes a more general “national security court” within the executive branch. [read post]
5 Nov 2014, 1:17 pm by Benjamin Wittes
And short of removing people from Guantanamo, the executive branch has near total flexibility regarding how to handle new detainees. [read post]
19 Feb 2019, 11:30 am by Mark Walsh
(And she will participate in the January cases, as Chief Justice John Roberts explained each day, by reading the briefs and transcripts.) [read post]
23 May 2012, 2:59 am
 Of the 10 largest outbreaks in the U.S. in the last decade, 8 would not have been detected had it not been for information stored in PulseNet, according to John Besser, Deputy Chief of CDC's Enteric Diseases Laboratory Branch, who spoke Sunday at the APHL meeting.The ability to identify a pathogen's unique DNA fingerprint through pulsed-field gel electrophoresis, or PFGE, and to store this data in a central location, has drastically increased the number of outbreaks… [read post]
12 May 2020, 4:05 am by Edith Roberts
At Justia’s Verdict blog, Rodger Citron suggests that the critical question is “which Chief Justice John Roberts will show up. [read post]
“As you know, the Executive Branch has a longstanding tradition of defending the constitutionality of duly enacted statutes if reasonable arguments can be made in their defense. [read post]
28 Dec 2009, 8:08 am by SOIssues
Some provisions have been found unconstitutional while others have been upheld, and this back-and-forth between the legislative and judicial branches has left those who enforce the law in the lurch at times. [read post]
12 Jul 2022, 9:06 pm by Shoba Sivaprasad Wadhia
Furthermore, the Court pointed to the meaningful foreign affairs consequences of transforming Section 1225(b)(2)(C) into a mandatory requirement, namely the burden such a reading would impose on the executive branch during the course of U.S. [read post]
9 Nov 2021, 1:23 pm by James Romoser
Justice Brett Kavanaugh seemed to speak for multiple justices when he acknowledged that Ferre made “compelling policy arguments” but suggested that the solution should come from the legislative branch. [read post]
23 Nov 2014, 1:15 pm by Peter Margulies
The Court was right in Dames & Moore that presidential claims settlement, which dates to the presidency of John Adams, had been acquiesced in by Congress. [read post]
18 Mar 2024, 2:07 pm by Amy Howe
” In a lighter moment, Chief Justice John Roberts made clear that he “had no experience coercing anybody. [read post]
9 Dec 2009, 3:06 pm
In some past cases he has voted to prevent the president from overreaching with respect to executive branch agencies. [read post]
22 Mar 2011, 2:17 pm by Ilya Somin
An important principle of constitutional law—especially when the allocation of power between the branches is at issue—is that constitutional meaning gets liquidated by constitutional practice.I am skeptical that a pattern of practice automatically validates what would otherwise be violations of the Constitution. [read post]
10 Mar 2008, 12:57 am
The firm also plans to relocate a four-lawyer real estate team and counsel Tomasz Stasiak from Warsaw to the Kiev branch, which will initially focus on property, corporate and finance work. [read post]
8 Jan 2018, 3:30 am by Mark Weidemaier
We are more than a teensy bit skeptical that the, ahem, organs of the U.S. executive branch can formulate and execute coherent foreign policy. [read post]
28 Aug 2009, 10:39 am
In conclusion, Congress needs to scrap the confusing and dangerous H.R. 3200, which empowers the executive branch of the federal government to deprive American citizens of life, liberty and the pursuit of happiness without due process, by allowing it to assume control over treatment decisions. [read post]