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20 Jun 2019, 2:54 pm
” The case involves whether a provision of the Sex Offender Registration and Notification Act violates the “nondelegation doctrine,” which bars Congress from delegating its legislative powers to the other branches. [read post]
20 Jul 2023, 8:55 am
As constitutional scholar John Hart Ely famously commented, the phrase is inherently contradictory, "sort of like 'green pastel redness.' " Judge Richard Posner has referred to the doctrine as a "ubiquitous oxymoron. [read post]
1 Sep 2023, 2:39 pm
Rather, the powers to impeach, try the impeachment, and remove certain officers rest with the bicameral branch of government composed of members who represent the people of local districts. [read post]
9 Dec 2020, 6:32 am
Kagan wondered whether Hungary’s argument replicated the pre-FSIA days, in which executive-driven sovereign immunity determinations took an unpredictable “kitchen sink approach,” only this time in the judicial branch. [read post]
21 Aug 2022, 9:10 am
The "major questions" doctrine is a rule of statutory interpretation that requires Congress to "speak clearly when authorizing an [executive branch] agency to exercise powers of "vast 'economic and political significance.'" If such a broad delegation of power isn't clear, the the doctrine requires courts to rule against the executive's claims that it has the authority in question. [read post]
2 Oct 2023, 5:55 am
Then-Justice Antonin Scalia, joined by Justices John Roberts, Samuel Alito, and Clarence Thomas, put forward the argument that eventually prevailed in Sackett: Namely, that wetlands and waterbodies that have no surface connection to navigable, CWA-protected waterbodies are not WOTUS and thus do not qualify for CWA protections. [read post]
3 Jun 2014, 5:46 am
Humanitarian Law Project, for instance, displayed stunningly broad deference to the Executive Branch regarding the danger posed by human rights activists who wish to help terrorist groups pursue entirely peaceful goals. [read post]
9 May 2012, 1:15 pm
” I should note that I see nothing inherently wrong in the political branches pushing back against the Court, whether through ordinary nominations, through constitutional amendments, or possibly even through proposals to limit the Court’s jurisdiction (though I’m skeptical about the latter). [read post]
21 Nov 2014, 11:08 am
The group, also known as AQAP, is considered one of the most dangerous local branches of al Qaeda due to its several attempted attacks on the United States. [read post]
5 Feb 2013, 3:44 pm
I’m one of the many who have been calling for quite some time now for the Obama Administration to provide the public with a clearer and more detailed legal analysis supporting the various public statements made by, among others, Eric Holder, John Brennan, Harold Koh, and Jeh Johnson, with respect to the targeted killings program. [read post]
17 Feb 2015, 1:51 pm
”) (quotation omitted) (cited by SFBSC at ECF No. 19 at 4–5); John Doe 140 v. [read post]
28 Jun 2010, 3:22 pm
But the time I spent in the other branches of government remind me that it must also be a modest one.What I most took away from those experiences was simple admiration for the democratic process. [read post]
18 Nov 2016, 7:13 am
New Jersey – GWB Scandal Puts a Light on the Benefits of LobbyingBergen Record – John Reitmeyer | Published: 11/14/2016 Wolff & Samson is one of the top “go-to” law firms in New Jersey, continuing the tradition of others that reap benefits when a particular political party or close ally is in power. [read post]
22 Nov 2013, 11:01 am
If no Nixon, then no Watergate, and no resulting miasma created by the implosion of the executive branch, the final degradation of which being President Ford’s unconditional pardon of Nixon for his “high crimes and misdemeanors. [read post]
22 Nov 2023, 10:36 am
Written by Bill Dodge, the John D. [read post]
11 Jul 2011, 12:00 am
As MP John Hemming expressed in an EDM, the panel was “dominated by the family justice establishment” and failed to “challenge the status quo”. [read post]
13 Jul 2023, 8:30 pm
In the many instances where the executive branch wields powers not given to the federal government, I am not sure that greater accountability to the elected president is necessarily a good thing. [read post]
26 Nov 2008, 2:00 pm
Meet Ronald Rogers, Justice's Pooh-bah of Pardons Historians will write that George Bush sought to expand the power of the executive branch to a degree never before seen in American history. [read post]
7 Jun 2010, 11:34 pm
My experience of dealing with the Secretary of State's business division is that since Bowen took office, the quality and speed of service from this branch of the state government has declined. [read post]
18 Dec 2014, 9:01 pm
The President and his executive branch have grown in influence and stature for a number of reasons. [read post]
