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9 Dec 2019, 6:30 am
Administrative constitutionalism inflected every stage of the New Look draft’s development: from the size and composition of draft calls; to the arguments that draft administrators made when lobbying their congressional patrons; to the competing interpretations of the Selective Service System’s organic statute and regulations offered by Justice Department and Selective Service lawyers; to judicial review of these interpretations; to how executive branch lawyers… [read post]
26 Jul 2017, 8:24 am
He is believed to have formulated the theory of the tripartition of state powers into executive, legislative, and judicial branches. [read post]
6 Dec 2006, 8:14 am
A portion of the judicial branch's ability to check and balance the legislative and executive branches is clearly eliminated if this legislation passes.Not only should this legislation turn the stomachs of anyone who cares about the balance of power, but those concerned with school funding should be moved to action. [read post]
22 Feb 2018, 9:01 pm
(Indeed, many of us who sometimes defend ambitious state court rulings against the charge of “judicial activism” do so on the ground that lofty and forward-looking interpretations of state constitutions are more defensible when there are relatively uncumbersome processes for fixing judicial “mistakes” by changing the state constitutional document itself.) [read post]
27 Jun 2007, 10:11 pm
"In Freedom From Religion, the case that restricted standing to use the Establishment Clause to challenge Executive Branch decisions: "Minimalism is an admirable judicial trait, but not when it comes at the cost of meaningless and disingenuous distinctions. [read post]
15 Aug 2011, 2:32 pm
” Indeed, rubber-stamp judicial deference to voters and the political branches is just another form of living constitutionalism, which conservatives usually decry. [read post]
8 Jun 2010, 9:06 pm
This new, independent agency would be charged with investigating and reviewing the inaction of Executive Branch agencies and reporting its findings and recommendations to elected officials and the public. [read post]
30 May 2012, 8:21 am
” To return to the pre-New Deal doctrine would, by judicial fiat, imperil thousands of laws and regulations. [read post]
7 Jan 2019, 9:08 am
Forms of serious judicial review of executive branch assertions persist, to be sure, even in national security matters. [read post]
17 Nov 2007, 10:59 am
Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. [read post]
2 Dec 2009, 1:15 pm
Kent Safriet, attorney for the property owners, started off by reminding that the basic premise in regulatory takings is that all branches of state government, including the judiciary, are bound by the Takings Clause. [read post]
15 Aug 2011, 5:48 am
HM 12 Requires interim legislative committee(s) studying tudy moving the duties of the adult probation and parole division of the corrections department, as they relate to monitoring persons on probation to the judicial branch of government. [read post]
7 Apr 2007, 9:30 am
In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution.And three back-cover blurbs:Stephen Skowronek, Yale University : Political Foundations of Judicial Supremacy takes us deeper than ever before into the changing structure and politics of… [read post]
16 Sep 2011, 6:00 am
HB 599 changes the authority for recommending marital masters for appointment and reappointment from the administrative judge of the judicial branch family division to the supreme court or its designee. [read post]
30 Sep 2013, 11:47 am
Judicial Interpretations. [read post]
28 Jan 2017, 4:31 pm
In contrast, the Legislative Branch (in the form of the Congress) is given the power to make the law. [read post]
3 Apr 2012, 7:02 pm
“The courts may choose take Obama at his word, unless he explains that it was just a campaign speech and not intended to represent the position of the Executive Branch on the matter. [read post]
14 Dec 2023, 7:57 pm
But experts say the judiciary has the least oversight of all three branches. [read post]
21 Nov 2022, 1:53 am
Far from resisting the boycott, or even criticizing the violation of the Code of Judicial Conduct, Gerken rewarded Ho and Branch with an invitation to speak at the law school, implicitly committing to keep student protests at a level acceptable to the judges. [read post]
8 May 2017, 5:00 am
"The policy was grounded on the Board's belief that judges who simultaneously drew both a full judicial salary and a full pension, typically referred to as "double-dipping," adversely affected both the public's impression of the court system and the court system's negotiations with the other branches over crucial budgetary and personnel matters.While three retired Supreme Court Justices' [Plaintiffs] applications were pending… [read post]
