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The Supreme Court this term issued two hotly controversial and deeply impactful rulings that cut to the heart of our constitutional system. In the first, Trump v. Anderson, the Court ruled that Colorado lacked authority to disqualify former President Donald J. Trump from the 2024 presidential ballot on the ground that he supported an insurrection. In the second, Trump v. United States, the Court held that Trump, as a former president, enjoyed extensive immunity from criminal prosecution for his behavior while in office., If you feel a little unbalanced after reading those brief descriptions, that's understandable: it's the lurching of the tectonic plates in our separation-of-powers system. In terms of Court rulings on [...]

William S. Becker [I.The Hill] With his executive orders on climate and energy, President Trump “put himself on a collision course” with “the nation’s economic health and middle-class taxpayers,” said [...]

(https://www.amazon.com/Historical-Gloss-Foreign-Affairs-Constitutional/dp/0674292057) Here are the collected posts for our Balkinization symposium on Curtis A. Bradley, (https://www.amazon.com/Historical-Gloss-Foreign-Affairs-Constitutional/dp/0674292057) Historical Gloss and Foreign Affairs: Constitutional Authority in Practice (Harvard University Press, 2024). 1. Jack [...]

What happened The White House budget office Monday ordered all federal agencies to halt the disbursement of grants and loans, a sweeping but confusing directive that challenged the separation of [...]

The Supreme Court’s October Term 2023 likely will be remembered in history books as a turning point for the constitutional separation of powers. Rulings in Loper Bright v. Raimondo, Corner Post v. Board of Governors of the Federal Reserve System, and SEC v. Jarkesy will work in concert to limit the power of the administrative state. Critics have proclaimed loudly that the Supreme Court grabbed power for itself this term, stripping agencies of tools to keep our “air and water clean, food and drugs safe, and financial markets honest[,]” as one dissent put it. But any power the Court grabbed this term was simply the power to say, “No.” Alexander Hamilton wrote in Federalist 78 that the judiciary would be the “least dangerous branch” because it is inherently reactive. Unlike the executive, the judiciary does not wield “the sword of the community[,]” and unlike Congress, it does not control the power of the purse or the power to set rules regulating society. The judiciary is “least in a capacity to annoy or injure[.]” After decades of agencies accumulating power—often at Congress’s behest and with the Supreme Court’s blessing—the Supreme Court is reining in agencies. While the Supreme Court remains the least dangerous branch, after this term, it ensured agencies are a little less dangerous too. [ABSTRACT FROM AUTHOR]

The article discusses civil cases in the U.S. Supreme Court's October Term 2023. In Chevron USA Inc. v. Natural Resources Defense Council Inc., the court considered the separation of legislative, judicial and executive powers and application of the Administrative Procedures Act (APA). In Corner Post. v. Board of Governors of the Federal System, the court ruled that an APA claim does not accrue until the plaintiff is injured by final agency action.

Loper Bright is a maddening opinion for statutory interpretation afficionados. The Court killed Chevron based on purported theories of statutory-interpretation separation of powers, but those theories do not actually reflect [...]

BY IAN BREMMER The fruit vendor Mohamed Bouazizi’s self-immolation 14 years ago inspired Tunisians to topple their longtime dictator and kicked off the 2011 Arab Spring. Of all the countries [...]

Byline: Gaurav Arora, Dhruv Wadhwa, Ujjwal Malhotra If India is to embrace the digital age without losing its democratic soul, it is imperative that any surveillance framework be subject to [...]

For the Balkinization symposium on Aileen Kavanagh, (https://www.amazon.com/Collaborative-Constitution-Cambridge-Studies-Constitutional/dp/1108493262) The Collaborative Constitution(Cambridge University Press, 2023). Erin F. Delaney Aileen Kavanagh has written a book that is beautiful inboth words and in [...]

Byline: Satyendra Wankhade Prime Minister Narendra Modi visited the residence of Chief Justice of India (CJI) DY Chandrachud on Wednesday to participate in the Mahalaxmi and Ganpati Puja, sparking a [...]

For the Balkinization symposium on Aileen Kavanagh, (https://www.amazon.com/Collaborative-Constitution-Cambridge-Studies-Constitutional/dp/1108493262) The Collaborative Constitution(Cambridge University Press, 2023). Stephen Gardbaum Aileen Kavanagh’s The CollaborativeConstitution is a rich and wise book.It has an adult in [...]

The article describes the model of illiberal state being built by Hungarian Prime Minister Viktor Orbán which he believes is an authentic form of democracy. The author discusses changes made by Orbán to the election law and constitution to influence votes and the judicial and legal systems that breached the principle of separation of powers, media control and propaganda used to convey political ideology of his Fidesz party, and manipulative tactics with his cronies of business elites.

Migration has become a fomenter of extremist politics. A particular aspect of migration has been the alarming sight of asylum seekers risking perilous journeys in small boats to get to Europe and the United Kingdom (UK). In the UK, governments have sought to counter this by resorting to measures which appear to undermine the UKs obligations in international law. The most recent example is the Rwanda bill under which illegal entrants to the UK will be relocated to Rwanda as a 'safe country' for processing of claims. The bill poses the most serious of challenges to the role of the courts, human rights protection under the European Convention on Human Rights (ECTH), the separation of powers and the rule of law. [ABSTRACT FROM AUTHOR]

Former President Donald Trump is trying to distance himself from the Heritage Foundation's Project 2025. Project 2025 is a map for ultra-conservative activists to enshrine their agenda should Trump win. [...]

COLUMBIA, S.C. (Monday, May 20, 2024) South Carolina 5th Circuit Court Judge Daniel Coble upheld the Fetal Heartbeat and Protection from Abortion Act, dealing Planned Parenthood, the state's largest abortion [...]

The article discusses the concept of the separation of powers in the United States and argues against the prevailing view that the judiciary should have the final say in interpreting and enforcing these powers. The authors contend that the separation of powers is a political practice that should be determined through the legislative process, rather than through judicial review. They emphasize the importance of political negotiation, statecraft, and public opinion in deciding the constitutional limits of each branch of government. The article also highlights the historical context and evolution of the separation of powers in American constitutionalism. [Extracted from the article]

Copyright of Abogacía is the property of Base Legal, SA de CV and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on the question of whether Congress has the authority to issue a subpoena to a Supreme Court justice, examining legal principles such as the separation of powers and the requirement for a valid legislative purpose. Topics include the historical context of congressional subpoenas to justices, constitutional constraints, and the ambiguous areas of Congress's authority over the court, including the application of ethical rules of conduct.

Following a legislative review of state purchases in fiscal year 2022, the state of Oklahoma discovered that its agencies had procured more than $3 billion worth of goods and services [...]

Byline: AnimationXpress Team Lok Sabha secretariat has informed the top court that proceedings of the Parliament (and its constituents) cannot be questioned for any irregularity of procedure and the house [...]

The article focuses on political crises of have shown the importance and neglect of constitutional history. It mentions 2016 referendum on Britain's membership of the European Union and the subsequent struggle to implement and discipline of British constitutional history once occupied a pre-eminent place in university learning. It also mentions constitutional historian Geoffrey Elton and Labour government of 1997-2010 on constitutional order predicated on a separation of powers.

This article discusses the role of labor unions in constraining the power of the president in the federal civil service. It highlights recent political movements to strip government workers of their job protections and subject them to political control. The article explains that labor unions have the right to form and bargain collectively over the conditions of employment for civil servants, and they can enforce their rights through the Federal Labor Relations Authority. Labor unions can impose contractual limits on the president's tools for managing the civil service, reshape incentive structures and management techniques, and wield political and financial power. The article emphasizes that labor rights can have a significant impact on the implementation of federal policy in areas such as immigration. It concludes by stating that battles over labor are likely to become more intense and higher stakes as disputes over presidential power in the executive branch continue. [Extracted from the article]

“If you ask any centrist commentator in Britain their favourite TV show, there’s a good chance they’ll say The West Wing. The 1990s drama was significant in the phenomenon of [...]

INTRODUCTION Over the course of the 2020 presidential campaign, particularly after the passing of Justice Ruth Bader Ginsberg, the term "court-packing" became a household phrase and a talking point amongst [...]

The article by Claudia Lücking-Michel titled "Power and Separation of Powers in a Catholic Manner: As a World Church Together on the (Synodal) Path" discusses the topic of power and separation of powers in the Catholic Church. The author argues that the Church could learn from the experiences and progress in other societies and introduce reforms to prevent abuse of power. The article mentions the "Synodal Path" in Germany as a reform process that aims for systemic changes in the church structure. It also raises the question of how this reform process relates to the planned World Synod and whether the German proposals will be accepted by the world church. The text also discusses the challenges and hopes within the framework of the World Synod and criticizes the dominant role of men and clerics in the church. It emphasizes that the participation of women, the poor, and the younger generation should be appropriate. The article concludes with an appeal to create space and act in solidarity. [Extracted from the article]

The article shares views about the separation of powers and checks and balances among the branches of the U.S. government. Topics discussed include criticism over the Supreme Court's decision about presidential immunity from criminal prosecution, President Joseph Biden's call for reforms to the Supreme Court and an enforceable code of ethics for justices, and the view that the nation should consider term limits both for the Supreme Court and for Congress.

Purpose: The aim of this study is to diagnose the Egyptian political system from the perspective of the viable system model (VSM). That in turn gives us significant insights on how to improve the distribution and control of power in Egypt to warrant greater autonomy and representativeness in the branches of government. Design/methodology/approach: The proposed diagnostic framework in this study was accomplished by applying the principles and aspects of Stafford Beer's VSM to the three state powers of Egypt: the executive, legislative and judiciary. In addition, it adopts the guidelines for applying the VSM described by both Stafford Beer and José Pérez Ríos. Findings: The presented framework in this study shows a comprehensive explanation of the essential functions and their distribution among the entities of the Egyptian political system. In addition to that, the findings give us insights about the need for greater autonomy and self-organization among the political system's entities. Greater communication, consensus, cooperation and coordination is needed to achieve balance, regulate the interactions between them and to monitor each other without intervention. This, in turn, would ensure greater representation of citizen demands and expectations, and protect and guarantee their rights and freedoms. Originality/value: The modeling of the Egyptian political system from a VSM perspective suggests the necessity of reform of the political system by a clear division of functions and tasks within the operational entities and subentities, decentralization of power structures and utilization of the decision marketing mechanism to reach public acceptance. The application of the VSM, for the sake of diagnosing and designing the viability of separation of power, can be considered as highly original. [ABSTRACT FROM AUTHOR]

The article "Wit & Wisdom" features quotes from various individuals on topics ranging from ideology to plastic surgery. The quotes touch on themes of hypocrisy, power dynamics, and personal growth. Authors such as Tony Tulathimutte and Doris Kearns Goodwin are cited, offering diverse perspectives on societal issues. [Extracted from the article]

Excerpts from the oral arguments of U.S. solicitor general Elizabeth Prelogar and Community Financial Services Association counsel Noel Francisco before the U.S. Supreme Court on October 3, 2023 are presented, wherein they described the funding mechanism of the Consumer Financial Protection Bureau (CFPB) as a violation of separation of powers under the Appropriations Clause of the U.S. Constitution.

The article discusses the importance of maintaining the integrity and independence of the judiciary in the face of challenges to the separation of powers and the rule of law. The author emphasizes the need for civility, respect for institutional knowledge, and a commitment to representative government. They also highlight the role of the judiciary in protecting individual rights and ensuring the Constitution is not violated. The author calls for a productive relationship between the judiciary and the media to educate the public about the role of judges and attorneys in protecting their rights. They stress the importance of an independent judiciary and the need for citizens to understand its significance in preserving democracy. The author concludes by expressing their mission to enhance the education of judges, attorneys, and citizens to strengthen the judiciary and uphold its nonpartisan and independent nature. [Extracted from the article]

The examination of the interaction between the institutions in American state politics has long suffered from a dearth of data. This is the case despite the importance of understanding the separation of powers in the states and the specific effects on policy making and policy outcomes. In this article, I introduce a new, original dataset of court-curbing introductions by state legislators. The data include information on more than 1,200 state legislative bills that would restrict the power of the courts. In this article, I provide descriptive statistics for the data, employ the data to test hypotheses, and explain how this data may be used in future scholarly research on the interactions between state legislators and state courts. [ABSTRACT FROM AUTHOR]

DAMON ROOT IN 2020, THE U.S. Supreme Court stopped the Trump administration from unilaterally rescinding the Deferred Action for Childhood Arrivals (DACA) program. The administration’s attempted cancellation of DACA, which [...]

The article focuses on an essay by Kelly Meggs, the former Florida leader of the Oath Keepers currently imprisoned for his involvement in January 6th events, reflecting on his experiences and the broader implications of his story. Topics include Meggs' personal reflections on resilience and patriotism, the historical significance of Independence Day in his narrative, and his views on the constitutional principles upheld by the Founding Fathers.

The author talks about U.S. President Joe Biden's claim that he honors the U.S. Constitution despite his repeated disserving of it. Topics include comments on Biden's exercise of de facto legislative power in violation of the constitutional separation of powers, the expansion of the attacks of the progressives on the U.S. Constitution to include the Supreme Court and the U.S. Senate, and a description of pure democracy as quoted by former U.S. President James Madison in "The Federalist."

Copyright of Abogacía is the property of Base Legal, SA de CV and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Byline: Shagun Suryam While holding that non-citizens can challenge laws alleged to be in violation of Article 14, the Court rejected the contention that the provision contained no checks and [...]

The University of Virginia School of Law professor, an expert on the powers of the presidency, discusses how precedent is of limited value in the Trump era. Saikrishna Prakash is [...]

Byline: Mahwash Fatima In its recent judgment on appointment of Election Commissioners, the Supreme Court drew a distinction between supplanting the legislature and supplementing it through such directions. There have [...]

Byline: Ayesha Arvind The Court said the two GOs were arbitrary, in violation of the principles of separation of powers and amounted to entrusting the police with powers that had [...]

Hundreds of contract-delivery drivers at an Amazon warehouse in New York City are organizing with the Teamsters union to demand better wages and working conditions. The drivers, employed by three Amazon delivery contractors, have asked the company to recognize their union and begin contract negotiations. The Teamsters' effort to unionize Amazon workers is part of a larger strategy to establish that Amazon and its contractors are effectively employers of the drivers. Amazon has recently announced plans to invest an additional $2.1 billion in its contract delivery program, including wage increases for workers. [Extracted from the article]

Hundreds of contract-delivery drivers at an Amazon warehouse in New York City are organizing with the Teamsters union to demand better wages and working conditions. The drivers, who work for three Amazon delivery contractors, have asked the company to recognize their union and begin contract negotiations. The Teamsters are seeking consistent schedules, properly maintained vehicles, and reasonable workloads for the drivers. This effort is part of the Teamsters' larger campaign to unionize Amazon workers, with the goal of establishing that Amazon and its contractors are effectively employers of the drivers. Amazon has recently announced plans to invest an additional $2.1 billion in its contract delivery program, including increasing worker wages. The Teamsters union has been vocal about its desire to organize Amazon workers, and earlier this year, the Amazon Labor Union, an independent group representing warehouse workers in Staten Island, affiliated with the Teamsters. Amazon has challenged the results of the election in which the Amazon Labor Union was elected to represent the workers, alleging misconduct by the union and the National Labor Relations Board (NLRB). Amazon has also filed a lawsuit against the NLRB, claiming that it violated constitutional provisions on separation of powers. [Extracted from the article]

Vice President Jagdeep Dhankhar spoke about the importance of reservation in the Indian Constitution and criticized those who oppose it. He emphasized that reservation is a positive measure aimed at achieving social equality and supporting marginalized communities. Dhankhar also questioned the mindset of individuals who denied recognition to Babasaheb Ambedkar and the implementation of the Mandal Commission. He called for the rejection of attacks on democratic values and highlighted the need to respect and understand the Constitution. Dhankhar also discussed the dark period of the Emergency in India's history and encouraged the younger generation to be mindful of it. [Extracted from the article]

The article by Thomas Ruster discusses the necessity of a separation of powers in the Catholic Church. The author argues that as long as bishops and priests hold the offices of leadership, sanctification, and teaching in one person, a separation of powers is not possible. He suggests developing a new theology of office that will lead to a new form and practice. The article also raises the question of women's access to the spiritual office and argues that the Pope's justification that the Church does not have the authority to ordain women as priests is unfounded. The author calls for a redesign of the ecclesiastical office based on the separation of powers and oriented towards the offices in the people of God in Israel. [Extracted from the article]

Howchecks and balances' are becoming tools of obstruction. 'My fight is on the separation of powers.' That was former Vice President Mike Pence's https://apnews.com/article/us-supreme-court-politics-disaster-planning-and-response-michael-pence-donald-trump-f7078fb20d0bf2097e28b1198f989a77 this week for deciding to contest [...]

The Republican chair of the powerful Oversight Committee outlines his muddled vision. Rep. James Comer (R-KY 01) wants to set the record straight on his new role as chairman of [...]

Copyright of Die Mediation is the property of Steinbeis-Stiftung fur Wirtschaftsforderung (StW) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)