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24 Jul 2008, 1:05 am
If, therefore, the legislature assumes executive and judiciary powers, no opposition is likely to be made; nor, if made, can be effectual; because in that case they may put their proceedings into the form of acts of Assembly, which will render them obligatory on the other branches. [read post]
1 Oct 2009, 3:32 am
Professor Koh argues that the "sole organ" doctrine has taken a drubbing, citing recent Supreme Court rulings.But I am not so sure.For one thing, even if the Supreme Court is eager for Congress to reassert its prerogatives, as Justice Breyer's Hamdan v. [read post]
19 Dec 2006, 4:35 am
Separation of powers lets the different branches of government check each other's errors and enthusiasms, but it cannot work if the executive branch insists that it will do whatever it wants anyway. [read post]
24 Jan 2008, 8:02 am
The SEC’s stated goals in instituting this proposal were to minimize instances of fraud perpetrated by hedge funds. [read post]
15 Jan 2024, 12:50 pm by Eugene Volokh
The Constitution governs all branches of the Government — even the administrative state…. [read post]
22 Jun 2008, 2:16 pm
As none other than Michael Mukasey argued at the time (Padilla v. [read post]
7 Oct 2007, 1:34 pm
In 1803, Chief Justice John Marshall, in the case Marbury v. [read post]
9 Aug 2011, 6:54 am by Neil Siegel, guest-blogging
Maryland and recently reaffirmed by a majority of Justices in United States v. [read post]