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14 Dec 2020, 5:08 am
” The Electors Clause is found in Article II, Section 1, clauses 2 and 3: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an Office of Trust or Profit under the United States shall be appointed an Elector. [read post]
31 Mar 2023, 8:55 am
Here is the abstract: This term, the Supreme Court is considering the independent state legislature theory in Moore v. [read post]
9 Jun 2022, 11:30 am
American Axle filed a petition for writ of certiorari to the Supreme Court, which then invited the Solicitor General to express the views of the United States. [read post]
24 Jun 2015, 7:13 am
United States. [read post]
28 Jan 2024, 8:49 pm
§ 2383, which provides that “[w]hoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto … shall be incapable of holding any office under the United States. [read post]
19 Dec 2023, 6:22 pm
Section 3 states that "No person" can hold any state or federal office if they had previously been "a member of Congress, or… an officer of the United States" or a state official, and then "engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. [read post]
12 Mar 2012, 8:13 am
Does any monograph count? [read post]
6 Feb 2021, 8:10 am
All laws of a public nature enacted by any state or territory of the United States. [read post]
23 Apr 2016, 10:08 pm
But there must always be a court of competent jurisdiction to decide any judicial issue that is conveniently located to the parties.6.4.1 All richtersor judges shall be selected by fetura into a single pool of richters, in which they shall serve for life, subject to good behavior, from which pool richters shall be selected by fetura to serve on each court for terms set by the Diet, except for two years in the Supreme Court, and selected… [read post]
13 Apr 2023, 8:41 am
However, the Supreme Court of the United States addressed an analogous situation in Bowen v. [read post]
23 Apr 2016, 10:08 pm
The Commander-in-Chief of military and police forces at the Union level. 6.4 Judicial power shall be vested in a Judicial Branch, which shall consist of one Supreme Court, and such subordinate courts as the Diet shall create, and define the jurisdictions of each. [read post]
25 Mar 2024, 12:39 pm
(The Judicial Conference of the United States, which makes policy for federal courts, recently announced a new policy intended to crack down on this type of “judge-shopping. [read post]
27 Jan 2024, 7:54 pm
Section 3 states: No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial… [read post]
11 Jan 2021, 1:33 pm
Section 3 of the Fourteenth Amendment (“14.3”) reads: No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or… [read post]
31 Oct 2018, 2:22 pm
Indeed, if your otherwise-wacky-sounding view can obtain some indicia of legal assent well short of five votes on the Supreme Court—perhaps a couple of votes on the Court, perhaps a holding by a lower court, etc. [read post]
2 Feb 2024, 6:51 am
II, Sec. 3 states that the President “shall Commission all the Officers of the United States. [read post]
13 May 2020, 6:20 am
Apparently satisfied by that answer, Alito asks whether Congress has any powers to regulate the office of the president? [read post]
22 Apr 2014, 8:24 am
Here are the amendments, with the key changes made in present provisions in bold:The “Anti-Commandeering Rule” (Amend the Supremacy Clause of Article VI) — This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges and other public officials. in… [read post]
29 Jun 2018, 5:03 am
According to 28 U.S.C. 519, the attorney general has the power to "supervise all litigation to which the United States, an agency, or officer thereof is a party, and shall direct all United States attorneys, assistant United States attorneys, and special attorneys appointed under section 543. [read post]
5 May 2015, 3:26 pm
In the Cohen case, Justice Charles Fried of the Supreme Judicial Court concluded that Congress was effectively implementing state debtor-creditor laws when it enacted Medicaid trust laws: “We are confirmed in this reading by something akin to legislative history: a consideration of the source from which the legislative language appears to have been taken. [read post]
