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6 Aug 2017, 7:48 pm by Omar Ha-Redeye
Judicial dialogue demonstrates that the courts still express considerable deference to the executive and the legislature in how policy decisions are made, and this deference is a central component to respect of the judicial function in a democracy. [read post]
23 Feb 2010, 9:09 am
February 23, 2010 In a 5 - 1 decision the New York Court of Appeals found that the legislature and the executive branches had undermined the independence of the judicial branch by tying judges pay raises to unrelated legislation, including bills to raise legislators own salaries, thereby violating the separation of powers doctrine. [read post]
14 Sep 2019, 6:00 am by Guest Blogger
United States, which reawakened Commerce Clause review of federal legislation yet hardly ushered in a new era of robust judicial review; and District of Columbia v. [read post]
19 Jul 2023, 4:11 pm
 One of the building blocks of our democracy is that there are, in theory, three branches of our government that are supposed to operate independently of each other: the executive (President), legislative (House and Senate), and the judicial (US Supreme Court and other federal courts). [read post]
25 Jan 2019, 2:36 pm by Jon Roland
I tend to be averse to using executive orders to get around lack of legislation or amendment, but here are a few that might improve things. [read post]
25 Sep 2015, 6:30 am by Dan Ernst
Failures of legislative or executive justification can satisfy a clarity requirement or presumption of constitutionality rather than eliminating them. [read post]
11 Nov 2015, 5:00 am by Jack Goldsmith
 Until Zivotofsky II, these lawyers had to rely on shards of judicial dicta, in addition to executive branch precedents and practices, in assessing the validity of foreign relations statutes thought to intrude on executive power. [read post]
29 Feb 2012, 7:47 am by Bill Raftery
The 17 member commission is made up of mostly legislators (12) and members of the executive branch (State Administrator of Elections & Executive Director of the State Ethics Commission). [read post]
8 Apr 2011, 9:13 am by Brien Roche
As discussed in the material dealing with constitutional law, our government is divided into three branches—the executive branch, the judicial branch, and the legislative branch. [read post]
30 Apr 2010, 5:58 am by Brien Roche
As discussed in the material dealing with constitutional law, our government is divided into three branches—the executive branch, the judicial branch, and the legislative branch. [read post]
20 Jul 2009, 7:23 am
As discussed in the material dealing with constitutional law, our government is divided into three branches—the executive branch, the judicial branch, and the legislative branch. [read post]
15 Jul 2008, 3:43 pm
As discussed in the material dealing with constitutional law, our government is divided into three branches—the executive branch, the judicial branch, and the legislative branch. [read post]
18 Nov 2019, 10:01 pm by Benjamin Beaton
And most observers condemn judicial activism as an arrogation of legislative power to the judiciary. [read post]
16 Feb 2005, 12:56 am
[JURIST] In a speech [prepared remarks] delivered to the National Press Club Tuesday, Christian Coalition founder Pat Robertson [official website; profile] accused the federal judiciary of usurping legislative and executive power, called for the Senate leadership to force votes on President Bush's judicial nominations [JURIST report], and suggested that Democrats blocked those nominations at [read post]
25 Mar 2010, 7:46 pm by Ilya Somin
University of Colorado Law Professor Paul Campos decries what he calls “the recent conversion of so many Federalist Society types to the virtues of aggressive judicial review of legislative enactments” in the wake of the enactment of Obamacare. [read post]
19 Apr 2012, 2:30 pm by The Complex Litigator
 And with every additional funding cut, I believe that the legislative and executive branches march further down the path of unconstitutional conduct. [read post]
11 Jun 2012, 12:40 pm by Lawrence Solum
He then argues that the third type, Thayerian judicial restraint characterized by a strong reluctance to declare legislative or executive action unconstitutional unless the unconstitutionality is so clear that it is not open to rational question, has disappeared because constitutional theory renders judges both certain that constitutional questions have right answers and confident that they are able to discern them. [read post]
8 Mar 2018, 9:30 am by Dan Ernst
In the absence of legislative updating, the courts stepped in and imposed rulemaking requirements that contradict the APA’s text and history. [read post]