Questions tagged [separation-of-powers]
32 questions
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What is the legal theory which allows members of active military service to be legislators?
Rep. Tulsi Gabbard is a Hawaii Army National Guard major. She is also a serving member of the House of Representatives.
On the face of it, it seems to be a violation of the separation of powers for any person to retain an officer commission while…
grovkin
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Can the Vice President vote themselves into positions of power?
With the retirement of Stephen Breyer from the Supreme Court, and Biden's promise to nominate a Black woman to fill the vacancy, some of the most far-fetched speculation about the nominee has involved Kamala Harris. The Senate is currently evenly…
BakedAlaska624
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Who has the authority to designate official languages in the United States?
Recently the President has purported to set an official language for the United States of America, by executive order.
Doesn't adopting an official language require an act of Congress, like adopting a national bird does? If not, why not?
I'm not…
interfect
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Are anti BDS laws in the USA violating the doctrine of separation of church and state and/or freedom to assemble?
Many state and federal lawmakers support anti BDS laws. BDS is a movement about boycotting Israel for alleged human rights abuses. (It stands for Boycott Divestment and Sanctions.)
A federal court has already ruled that one particular such law…
Number File
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Can courts nullify/strike down rules of the legislature if they violate fundamental rights?
Can courts nullify/strike down rules of the legislature if they violate fundamental rights?
In the U.S., the courts have a final say on whether a statutory provision is constitutional, and if it is not, then it is immediately ineffectual, with…
TylerDurden
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Can Congress legislate the structure of court rulings?
Suppose Congress, in the interest of keeping rulings easier to read and interpret, passes a law that says the judicial branch at large must provide a summary of its findings that does not directly address the statute or action at hand, which can be…
moonman239
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What ever happened to the Nixon Pocket veto case?
What ever happened to the Nixon Pocket veto case? This is the case where members of congress sued over President Nixon's recess veto of a spending bill.
Naftali Tzvi
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How are police powers subject to separation of powers?
I recognized that finding a precise definition of police powers is a bit challenging. But, would it be reasonable to say that police powers are those powers of government reserved to the States by the 10th Amendment?
To what extent that police…
Burt_Harris
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Is the premise of Robert Mueller about how a sitting President cannot be indicted imply that a sitting President is above the law?
Background
In page 213 of the Mueller Report, the Special Counsel team describes thier considerations that guided their obstruction-of-justice investigation.
First, a traditional prosecution or declination decision entails a
binary determination…
isakbob
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Why can't federal courts issue advisory opinions?
In the United States, federal courts are not allowed to issue advisory opinions under the "case or controversy" requirement specified in the Constitution. Many states also do not allow their courts to issue advisory opinions.
Why are advisory…
bwDraco
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Based on what legal basis is former AG Edwin Meese arguing that appointment of Jack Smith was improper?
Former attorney general Edwin Meese wrote an Amici Curiae paper to the federal DC Circuit Court of Appeals that Jack Smith's appointment as special prosecutor and counsel in the prosecution of Trump was improper. The basis of his arguments was:
The…
Anthony
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Is a judge paid by the state allowed to hear criminal cases?
In my case the other party is the state. The judge also receives local judicial benefits from the state which is a party appearing before him. Like in my case it's my name verse state of Washington. And state of Washington has paid my judge…
user5249
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Which powers can the President delegate to other officers or employees of the Executive Branch?
The President is the head of the Executive Branch of the United States Government. As the head of the branch a lot of things are formally done by the President, but in actuality many tasks are performed by other Executive Branch employees.
What…
Viktor
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Does US courts' application of the "political questions doctrine" to breach of international conventions not itself breach them?
The US is a party to the 1948 genocide convention (full text here), and is obligated by it not to support genocide, and, in fact, to act to prevent genocide. It has also codified the convention into federal law: The Genocide Convention…
einpoklum
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What allows the Connecticut legislature to exonerate previous witch convictions?
A number of news services have report on the Connecticut legislature voting to "exonerate" witch convictions from the 17th century. For example, this article from wtnh.com news:
With distant family members looking on, Connecticut senators voted…
Syntax Junkie
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