Executive Power and the Control of Information: Practice Under the
... protect presidential communications, insufficient to immunize material subpoenaed by the Special Prosecutor from in camera scrutiny in a criminal case. 18 The Court left unresolved what it would have required if the President had invoked the privilege on the ground of military necessity or some othe ...
... protect presidential communications, insufficient to immunize material subpoenaed by the Special Prosecutor from in camera scrutiny in a criminal case. 18 The Court left unresolved what it would have required if the President had invoked the privilege on the ground of military necessity or some othe ...
Knapp_bu_0017E - OpenBU
... historians to advance the claim that the Federalists made it their primary objective to limit government and protect rights.12 Does this contention have a concrete historical basis in the facts facing the framers in 1787? The strongest basis concerned creditor rights under siege in the popularly co ...
... historians to advance the claim that the Federalists made it their primary objective to limit government and protect rights.12 Does this contention have a concrete historical basis in the facts facing the framers in 1787? The strongest basis concerned creditor rights under siege in the popularly co ...
The Hazards of Proposals to Limit the Tenure of
... nurtured nationalism and fostered corporate economic development. These decisions, which Jeffersonian republicans perceived as permitting federalists to exercise power from their political grave, inspired proposals for limitations upon the tenure of federal judges. As early as 1807 and 1808, three p ...
... nurtured nationalism and fostered corporate economic development. These decisions, which Jeffersonian republicans perceived as permitting federalists to exercise power from their political grave, inspired proposals for limitations upon the tenure of federal judges. As early as 1807 and 1808, three p ...
lochner, liberty of contract, and paternalism
... Bruce P. Frohnen, Is Constitutionalism Liberal? 33 CAMPBELL L. REV. 529, 539 (2011) (suggesting such currents are supported by Supreme Court decision-making during the early 19th Century). ...
... Bruce P. Frohnen, Is Constitutionalism Liberal? 33 CAMPBELL L. REV. 529, 539 (2011) (suggesting such currents are supported by Supreme Court decision-making during the early 19th Century). ...
Preview Sample 1
... D. is invalid because, although on its face it's an intrastate law, this statute will have a significant economic effect on interstate commerce, causing an undue burden. 49. In Gonzalez v. Raich, patients who were prescribed medical marijuana sought to prevent enforcement of the federal Controlled S ...
... D. is invalid because, although on its face it's an intrastate law, this statute will have a significant economic effect on interstate commerce, causing an undue burden. 49. In Gonzalez v. Raich, patients who were prescribed medical marijuana sought to prevent enforcement of the federal Controlled S ...
Brief for the Brennan Center as Amicus Curiae
... aggressive statutes designed to extend black male enfranchisement as far as Republicans believed possible without another constitutional amendment — namely, in territories over which Congress had plenary control and in the former states of the Confederacy then still under federal military authority. ...
... aggressive statutes designed to extend black male enfranchisement as far as Republicans believed possible without another constitutional amendment — namely, in territories over which Congress had plenary control and in the former states of the Confederacy then still under federal military authority. ...
SELF-GOVERNMENT AND THE DECLARATION OF
... Independence.13 By asserting that rights are innate, rather than created by states or nations, the Declaration recognizes that some dignity interests precede the Constitution. Ties with Great Britain were severed and a new government created, which derived its “just powers from the consent of the go ...
... Independence.13 By asserting that rights are innate, rather than created by states or nations, the Declaration recognizes that some dignity interests precede the Constitution. Ties with Great Britain were severed and a new government created, which derived its “just powers from the consent of the go ...
The Rule that Proves the Exception: A Constitutional State of
... courts similar to our Supreme Court and asking questions similar to the ones asked by our nine justices. The difference is that these foreign jurists have the luxury of working from a concrete framework of constitutional law in arriving at their decisions, whereas our judges in states of emergency a ...
... courts similar to our Supreme Court and asking questions similar to the ones asked by our nine justices. The difference is that these foreign jurists have the luxury of working from a concrete framework of constitutional law in arriving at their decisions, whereas our judges in states of emergency a ...
foundational facts and doctrinal change
... 1. The current focus seems to be on one aspect of judicial philosophy. Legal scholars have recently jumped on the attitudinalist bandwagon, suggesting that judges= votes are dependent primarily on their ideology. See, e.g., Barry Friedman, The Importance of Being Positive: The Nature and Function of ...
... 1. The current focus seems to be on one aspect of judicial philosophy. Legal scholars have recently jumped on the attitudinalist bandwagon, suggesting that judges= votes are dependent primarily on their ideology. See, e.g., Barry Friedman, The Importance of Being Positive: The Nature and Function of ...
On Sunday, June 13, 1971, The New York Times published the first
... that presidents before him had followed. Nixon's national security adviser, Henry Kissinger, had begun secret negotiations with the North Vietnamese, but Ellsberg and others feared the president would order more bombing raids to force the enemy to agree to U.S. terms. Ellsberg, a brilliant analyst w ...
... that presidents before him had followed. Nixon's national security adviser, Henry Kissinger, had begun secret negotiations with the North Vietnamese, but Ellsberg and others feared the president would order more bombing raids to force the enemy to agree to U.S. terms. Ellsberg, a brilliant analyst w ...
part i: the structure of government
... o It may take away from the integrity of the Constitution itself. The Constitution is more unchanging as opposed to laws. This creates stability. o There are lots of divergent views in the judiciary and so there are probably also lots of divergent views in the population. Why would we not want to ch ...
... o It may take away from the integrity of the Constitution itself. The Constitution is more unchanging as opposed to laws. This creates stability. o There are lots of divergent views in the judiciary and so there are probably also lots of divergent views in the population. Why would we not want to ch ...
The Metes and Bounds of State Sovereign Immunity
... Article I legislation in state courts, 8 by private parties for state law claims in federal court under pendent or supplemental jurisdiction,9 and by private parties before agency administrative proceedings. 0 On the other hand, the Court has refused to afford states immunity from suits brought unde ...
... Article I legislation in state courts, 8 by private parties for state law claims in federal court under pendent or supplemental jurisdiction,9 and by private parties before agency administrative proceedings. 0 On the other hand, the Court has refused to afford states immunity from suits brought unde ...
Chapter 2 - Forming a New Nation
... Jefferson wrote the first draft of the Declaration of Independence, but the Congress later made some changes. The members toned down some of what he wrote about the king. Also, because of pressure from some southern colonies, they cut out an entire section attacking the slave trade. Although the Dec ...
... Jefferson wrote the first draft of the Declaration of Independence, but the Congress later made some changes. The members toned down some of what he wrote about the king. Also, because of pressure from some southern colonies, they cut out an entire section attacking the slave trade. Although the Dec ...
Presentation Plus! - Watertown School District
... insufficient to protect the federal government’s substantial interests. • In the case of Gitlow v. New York (1925), the Court held speech could be restricted even if it had only a tendency to lead to illegal action, establishing the bad tendency doctrine. • This doctrine has not generally had th ...
... insufficient to protect the federal government’s substantial interests. • In the case of Gitlow v. New York (1925), the Court held speech could be restricted even if it had only a tendency to lead to illegal action, establishing the bad tendency doctrine. • This doctrine has not generally had th ...
1 THE INDEPENDENCE OF TRIBAL JUSTICE SYSTEMS AND THE
... their decisions by withholding recognition of their judgments. It is this challenge to tribal court independence that is just as daunting to tribal justice systems as internal efforts to circumvent tribal court authority. This paper will examine some of the intra-tribal conflicts involving tribal ju ...
... their decisions by withholding recognition of their judgments. It is this challenge to tribal court independence that is just as daunting to tribal justice systems as internal efforts to circumvent tribal court authority. This paper will examine some of the intra-tribal conflicts involving tribal ju ...
From Progressivism to Modern Liberalism: Louis
... that served as a bridge between the statist Progressives of the early twentiethcentury and mid-century legal liberals. Brandeis was known as a civil libertarian in his day because he supported freedom of speech and labor union rights, which were the rights that the nascent left-leaning civil liberta ...
... that served as a bridge between the statist Progressives of the early twentiethcentury and mid-century legal liberals. Brandeis was known as a civil libertarian in his day because he supported freedom of speech and labor union rights, which were the rights that the nascent left-leaning civil liberta ...
Chapter 4: A New Nation
... While all the newly formed states wanted a national government, it took almost four years to ratify, or officially accept, the Articles of Confederation (which could only be adopted if every state consented). The primary stumbling block to ratification was the question of control of the land between ...
... While all the newly formed states wanted a national government, it took almost four years to ratify, or officially accept, the Articles of Confederation (which could only be adopted if every state consented). The primary stumbling block to ratification was the question of control of the land between ...
WHY AND HOW TO TEACH FEDERAL COURTS
... assigned to Article III courts. Although military tribunals are the most controversial example at the present time, the entire system of administrative adjudication raises similar (though not identical) questions involving when Congress can employ federal adjudicative bodies other than Article III c ...
... assigned to Article III courts. Although military tribunals are the most controversial example at the present time, the entire system of administrative adjudication raises similar (though not identical) questions involving when Congress can employ federal adjudicative bodies other than Article III c ...
State Law Independence and the Adequate and Independent State
... Since it decided Murdock v. Memphis 38 in 1875, the Supreme Court has declined to revise the judgments of state courts on state law.39 In Murdock, the Court held that if a state court of last resort decides a federal question against a person claiming a federal right, the Court will review the feder ...
... Since it decided Murdock v. Memphis 38 in 1875, the Supreme Court has declined to revise the judgments of state courts on state law.39 In Murdock, the Court held that if a state court of last resort decides a federal question against a person claiming a federal right, the Court will review the feder ...
Readings on Evenwel v. Abbott: • Garrett Epps, One Person, One
... percent; but in their “citizen voting-age population,” or CVAP, the variation can be as high as 50 percent. In their appeal to the Court, the aggrieved voters note that “in Texas, large numbers of non-voters swell the population of certain geographic locations.” The Cato Institute, in a brief urgi ...
... percent; but in their “citizen voting-age population,” or CVAP, the variation can be as high as 50 percent. In their appeal to the Court, the aggrieved voters note that “in Texas, large numbers of non-voters swell the population of certain geographic locations.” The Cato Institute, in a brief urgi ...
HERE - US Term Limits
... Section 1. The legislature of [INSERT STATE NAME] hereby makes an application to Congress, as provided by Article V of the Constitution of the United States of America To get Congress to call a convention for the purpose of proposing amendments, two-thirds (34) of the state legislatures must pass “a ...
... Section 1. The legislature of [INSERT STATE NAME] hereby makes an application to Congress, as provided by Article V of the Constitution of the United States of America To get Congress to call a convention for the purpose of proposing amendments, two-thirds (34) of the state legislatures must pass “a ...
The Administrative State in a Separation of Powers Constitution
... institution, the House of Representatives, legislated together with a host of other institutions, each of which derived its legitimacy from a separate, and not particularly democratic, source: a law was to be passed by the House and the Senate (formed of men elected by state legislators), could be v ...
... institution, the House of Representatives, legislated together with a host of other institutions, each of which derived its legitimacy from a separate, and not particularly democratic, source: a law was to be passed by the House and the Senate (formed of men elected by state legislators), could be v ...
Course Orientation - NYU School of Law
... ii. Issue of the case: whether the judges like Marbury who didn’t receive their commissions prior to Adams going out of office are entitled to them. The case comes to the SC on original jurisdiction under the 1789 Judiciary Act. Marshall holds that the Judiciary Act was unconstitutional, thus establ ...
... ii. Issue of the case: whether the judges like Marbury who didn’t receive their commissions prior to Adams going out of office are entitled to them. The case comes to the SC on original jurisdiction under the 1789 Judiciary Act. Marshall holds that the Judiciary Act was unconstitutional, thus establ ...
RTF format
... building control officer as a precondition for any decision to be taken by the City on an application for approval in terms of section 4. In the context of administrative law, that recommendation is therefore a jurisdictional fact, the existence of which is a prerequisite for the exercise of the pow ...
... building control officer as a precondition for any decision to be taken by the City on an application for approval in terms of section 4. In the context of administrative law, that recommendation is therefore a jurisdictional fact, the existence of which is a prerequisite for the exercise of the pow ...
Sample Multiple-Choice Questions
... Copyright © 2003 Wiley Publishing, Inc. New York, New York Published by Wiley Publishing, Inc., New York, NY Published simultaneously in Canada Cataloging-in-Publication Data is available from the Library of Congress. ISBN: 0-7645-8689-0 Printed in the United States of America ...
... Copyright © 2003 Wiley Publishing, Inc. New York, New York Published by Wiley Publishing, Inc., New York, NY Published simultaneously in Canada Cataloging-in-Publication Data is available from the Library of Congress. ISBN: 0-7645-8689-0 Printed in the United States of America ...
Separation of powers under the United States Constitution
Separation of powers is a political doctrine originating in the writings of Montesquieu in The Spirit of the Laws where he urged for a constitutional government with three separate branches of government. Each of the three branches would have defined abilities to check the powers of the other branches. This idea was called separation of powers. This philosophy heavily influenced the writing of the United States Constitution, according to which the Legislative, Executive, and Judicial branches of the United States government are kept distinct in order to prevent abuse of power. This United States form of separation of powers is associated with a system of checks and balances.During the Age of Enlightenment, philosophers such as John Locke advocated the principle in their writings, whereas others, such as Thomas Hobbes, strongly opposed it. Montesquieu was one of the foremost supporters of separating the legislature, the executive, and the judiciary. His writings considerably influenced the opinions of the framers of the United States Constitution.Strict separation of powers does not operate in The United Kingdom, the political structure of which served in most instances as a model for the government created by the U.S. Constitution. Under the UK Westminster system, based on parliamentary sovereignty and responsible government, Parliament (consisting of the Sovereign (King-in-Parliament), House of Lords and House of Commons) was the supreme lawmaking authority. The executive branch acted in the name of the King (""His Majesty's Government""), as did the judiciary. The King's Ministers were in most cases members of one of the two Houses of Parliament, and the Government needed to sustain the support of a majority in the House of Commons. One minister, the Lord Chancellor, was at the same time the sole judge in the Court of Chancery and the presiding officer in the House of Lords. Therefore, it may be seen that the three branches of British government often violated the strict principle of separation of powers, even though there were many occasions when the different branches of the government disagreed with each other.Some U.S. states did not observe a strict separation of powers in the 18th century. In New Jersey, the Governor also functioned as a member of the state's highest court and as the presiding officer of one house of the New Jersey Legislature. The President of Delaware was a member of the Court of Appeals; the presiding officers of the two houses of the state legislature also served in the executive department as Vice Presidents. In both Delaware and Pennsylvania, members of the executive council served at the same time as judges. On the other hand, many southern states explicitly required separation of powers. Maryland, Virginia, North Carolina and Georgia all kept the branches of government ""separate and distinct.""