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It appears to me he is not alone in that conviction, and I see little reason to believe that judges who perceive no significant, judicially enforceable structural limits in our existing Constitution could be persuaded otherwise by any amendment.The third and final proposal is the least practical, and that is to encourage members of the legislative and executive branches to pay greater heed to constitutional limits on their own power. [read post]
17 Dec 2011, 3:09 am by SHG
  What preserves the integrity of the judicial branch is trust. [read post]
14 Nov 2016, 7:55 pm by Tom Smith
Many of the younger conservatives on Trump’s list have embraced a posture of judicial engagement rather than judicial deference to the political branches, and many are also more pro-law enforcement on issues involving government searches and seizures than Scalia was. [read post]
16 Apr 2015, 5:11 am by JB
Efforts by the political branches to build out state functions, and efforts by civil society groups to make constitutional claims spur constitutional controversies. [read post]
2 Aug 2024, 4:05 am by SHG
The alternative argument is that Congress can make exceptions which strip the judicial branch of its judicialness whenever it wants. [read post]
15 Oct 2019, 9:01 pm by Michael C. Dorf
” If the parallel provision regarding Senate impeachment trials precludes judicial review—as the Judge Nixon case squarely holds it does—then likewise the clause regarding the House also precludes judicial review. [read post]
25 Jan 2018, 9:00 pm by Dean Falvy
Article I, describing the composition and powers of the Legislative Branch, is longer than the Preamble and the other six original articles combined. [read post]
25 Apr 2018, 10:19 am by emagraken
The BC Branch of the Canadian Bar Association is the latest to speak against this proposed law. [read post]
8 Nov 2010, 7:00 am by Jeff Carroll
”But that pales in comparison to the outright anger generated toward the most visible members of the other two branches of the federal government. [read post]
1 Dec 2008, 6:26 am
Yet our legislature (2nd branch) appropriates money to support our Courts (3rd branch). [read post]
14 Feb 2007, 3:12 pm
But it also marked a lucrative year for the federal judiciary, thanks to a large pay hike for all branches of the federal government. [read post]
20 Sep 2020, 10:34 am by Tom Smith
Our Founding Fathers intended the judicial branch of government to be free of political pressures, interpreting and applying the Constitution to the laws passed by Congress in order to ensure that no violations were found. [read post]
7 Mar 2007, 11:39 pm
This fact, coupled with repeated indications by the Framers and by the delegates to state ratifying conventions that the complete independence of the Judicial Branch from each of the other branches was of paramount importance, support an understanding of the Judicial Power that Article III's text makes manifest: beyond constituting inferior federal courts, Congress has no authority to direct the manner in which judicial business will be conducted nor… [read post]
2 Jun 2011, 11:09 pm by Peter Conti-Brown
And it might work, from a judicial perspective. [read post]
11 Nov 2008, 8:28 am
But, here, Rosen asserts that classification by sexual orientation is not entitled to heightened judicial scrutiny. [read post]
17 Jan 2020, 4:46 pm by Jacob Sapochnick
With just a few weeks into the new year, the judicial branch has been hard at work issuing decisions that spell trouble for the Trump administration. [read post]