Questions tagged [separation-of-powers]
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33 questions
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What is the power of the purse?
In this video a Supreme Court Justice is asked what the Supreme Court would do if the President defies its orders. She says the Supreme Court lacks the power of the sword and the power of the purse.
I ...
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Can a non-disparagement clause in a severance agreement prevent someone from testifying in a congressional hearing?
I'm wondering what the answer is - e.g. with respect to this testimony - Meta Whistleblower's Testimony by former facebook employee Sarah Wynn-Williams taking place despite a non-disparagement clause ...
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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 ...
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High Court order vs Notification
In India, in the context of a subject in the concurrent list, if an older High Court order is repugnant to a relatively newer Notification issued by a Ministry in the Government of India, what legally ...
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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 ...
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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 ...
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Would Vivek Ramaswamy have the power to release the full Geoffrey Epstein client lists?
Vivek Tamaswamy in campaigning for President promises that he will release full unredacted client lists of Geoffrey Epstein if elected. But would a President, or for that matter, without legislative ...
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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 ...
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ABRA Powers violative of human rights act
Parliament tomorrow passes the Arbitrary Bullocks Removal Act 2023, entitling (but crucially not obliging; in other words, bestowing a power though not a duty) the minister of Justice to arbitrarily ...
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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 ...
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What legal power does the Missouri Attorney General have to impose emergency regulations?
On April 13th 2023, Missouri Attorney General Andrew Bailey announced an emergency regulation which in most cases would ban gender-affirming care for trans people in the state (link):
In an effort to ...
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Can the governor of an Indian state remove a minister without the Chief Minister's advice?
Recently, Kerala's governor threatened to sack ministers.
Can he really do that without the CM's "advice"?
I have this doubt because office of the governor is not a democratically elected ...
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If a power is given to a public body unlawfully, can the public body use that power?
The premise to the question is:
A Secretary of State introduces a Regulation, granting a power to a public body. The Regulation is ultra vires - the Secretary of State did not have the power to ...
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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 ...
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How does the gridlock protect minorities?
In this video, at 6:32, Justice Scalia was talking about the separation of powers.
In fact, the Bill of Rights was an afterthought, and the "initial" Constitution did not include a Bill of ...
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