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7 Aug 2022, 5:48 pm
Federal Power Comm’n (1946) 328 U.S. 152, 164 (“First Iowa”).) [read post]
5 Jul 2012, 2:14 pm
[Generally cleaned up text and added an update] [UPDATE: From the abstract it looks like Neil Siegel and Bob Cooter anticipated Chief Justice Roberts approach in their paper, Not the Power to Destroy: A Theory of the Tax Power for a Court that Limits the Commerce Power and may even have provided him with the road map for his analysis. [read post]
29 Jun 2012, 4:38 am
For the purposes of deciding whether Congress was exercising its taxing powers, Chief Justice Roberts is of the view that the label of 'penalty' attached to the payment that must be made to the IRS cannot be determinative. [read post]
27 Oct 2022, 4:00 am
It should be a must-read for all who care about presidential power or the separation of powers. [read post]
31 Dec 2021, 3:23 pm
This year's theme is the Judicial Conference (which marks its centennial in the coming year) and the importance of the judiciary's "institutional independence," as the "power to manage its internal affairs insulates courts from inappropriate political influence and is crucial to preserving public trust in its work as a separate and co-equal branch of government. [read post]
29 Jul 2010, 6:48 am
This story yesterday by Matt Bai of the NY Times, about current budget chief Peter Orszag, mirrors in some ways... [read post]
28 Jun 2012, 12:10 pm
According to The Chief Justice, the Commerce Clause does not permit that preservation. [read post]
9 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Michael A Wilkinson With Power to the People: Constitutionalism in the Age of Populism, Tushnet and Bugaric have written a refreshing book, avoiding the clichés so often associated with scholarship on populism. [read post]
26 Nov 2008, 11:17 am
Historically though, the SEC Chair has tendered a resignation when a new party comes into power. [read post]
24 May 2012, 12:40 pm
There has been a struggle for power since last August when Prime Minister Peter O’Neill took office after Somare was ruled ineligible because of an extended absence due to illness. [read post]
11 Dec 2007, 9:42 am
Paddy Power, the Irish gambling site, has decided to [...] [read post]
27 Jun 2018, 11:10 am
With the announcement of Justice Kennedy's retirement today, Chief Justice Roberts is primed to become the most powerful occupant of that office since Earl Warren. [read post]
7 Jan 2007, 6:16 am
But we’re trying our darndest to handicap one of the hottest parlor games in the power town: Who will become President Bush’s new lawyer-in-chief? [read post]
25 Jul 2016, 12:21 pm
This architecture produces several important challenges for an abusive president—challenges that exist to a much lesser degree when that same president confronts the Justice Department or domestic regulation or his powers as commander in chief of the military. [read post]
4 Jan 2012, 6:05 pm
More Mini Reviews Power Down By Ben Coes St. [read post]
4 Jan 2012, 6:05 pm
More Mini Reviews Power Down By Ben Coes St. [read post]
5 Dec 2020, 2:47 pm
” Demands by opposition leaders in Belarus for discussions about a transfer of power or a new election have been rejected by Lukashenko. [read post]
9 Jul 2020, 1:27 pm
In his majority opinion for the court, Chief Justice John Roberts emphasizes that “the House’s approach aggravates [separation of powers concerns] by leaving essentially no limits on the congressional power to subpoena the President’s personal records” and notes that “at argument, the House was unable to identify any type of information that lacks some relation to potential legislation. [read post]
25 Sep 2013, 4:25 am
Who Has the Power to Swear in a SEC Commissioner? [read post]
27 Feb 2023, 3:46 am
Mainly we've leaned into identity with predictable results, and power today is complicated. [read post]
