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26 Sep 2023, 5:55 am
[…] Handing war-making power from Congress to the executive branch is not an exercise in congressional power. [read post]
15 May 2025, 9:01 pm
Federal courts exercise “the judicial power,” which, self-styled originalists contend, encompasses only those powers that courts exercised at the Founding.Other Justices were wary of deciding the case on constitutional grounds. [read post]
5 Sep 2015, 8:57 am
The legislature, also asserting a power of contempt for the judicial branches and its imposition of an interpretation of the Constitution in Obergefell vs. [read post]
23 Oct 2018, 4:29 am
In a footnote, Judge Thapar references Philip Hamburger's argument that Chevron deference (and, by extension, Auer deference) induces judges to violate the Canons of judicial ethics. [read post]
13 Aug 2015, 2:55 pm
Constitution was written and ratified, what was the original public meaning of these terms: (1) constitution; (2) Congress; (3) President; (4) executive power; (5) judicial power. [read post]
23 May 2025, 10:27 am
Is There Judicial Review Under the CRA? [read post]
22 May 2025, 11:27 pm
., represents a major victory for the executive branch in its efforts to rein in what it has long decried as judicial overreach by individual district judges halting federal policies across the entire country. [read post]
28 Mar 2018, 6:43 pm
(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding. [read post]
26 Jun 2024, 1:54 pm
Instead of a presumption of legitimacy for action by the political branches, almost every important action they take will be judicially blocked. [read post]
1 Apr 2025, 1:03 pm
The executive and legislative branches now look to the courts (Article III) to interpret the Constitution, past practice, and judicial precedent to resolve the current conflict. [read post]
17 May 2011, 2:40 pm
Said another way should we be about the business of sanctioning judicially engineered solutions to caps. [read post]
17 Apr 2025, 1:02 pm
” “Positing the government’s duty as simply one of facilitation also softens the tension between the judicial and executive branches,” he reasoned. [read post]
17 Jan 2010, 10:54 am
But it also has that effect indirectly, by weakening the other branches. [read post]
21 Aug 2024, 9:05 pm
Natural Resources Defense Council) the Court granted agency decisions a level of judicial deference. [read post]
5 Feb 2007, 12:05 am
As a result, the other branches must now check the President. [read post]
17 Apr 2025, 3:26 pm
Which level of the judiciary was acting with the right amount of judicial humility? [read post]
10 Oct 2009, 3:15 pm
Its conclusion is ultimately a formal one, resting on the idea that any interpretation of Honduran law is acceptable as long as the relevant procedures were followed: Available sources indicate that the judicial and legislative branches applied constitutional and statutory law in the case against President Zelaya in a manner that was judged by the Honduran authorities from both branches of the government to be in accordance with the Honduran legal system. [read post]
23 Sep 2009, 7:02 am
This section basically requires that all branches of the government remain separate, but you can follow the link to check it out if you're curious. [read post]
1 Jul 2012, 2:52 am
It's been done with the cooperation of the joint task force, comprised of member of the legislative, executive and judicial branches. [read post]
11 Oct 2024, 4:03 am
But this idea of judicial supremacy has long been challenged. [read post]