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Separation of Powers

Army Generals Playing James Madison

Bruce Fein | Posted 08.22.2016 | Politics
Bruce Fein

Active or retired United States Army generals like David Petraeus advising on political arrangements in foreign lands to promote peace, government leg...

Separation of Powers

Lt. Gen. Clarence E. McKnight Jr. | Posted 05.16.2016 | Politics
Lt. Gen. Clarence E. McKnight Jr.

For better or worse, the U.S. military has become a key player in governmental affairs. It remains subject to civilian authority, but the true gauge of power is its exercise.

Iran Slams Supreme Court Ruling In Favor Of Terror Victims As 'Theft'

The Huffington Post | Cristian Farias | Posted 04.22.2016 | Politics

The Iranian government on Thursday condemned a U.S. Supreme Court ruling issued earlier this week that sided with thousands of victims of terrorism wh...

Supreme Court Rules For Congress -- And Thousands Of Victims Of Iran-Sponsored Terrorism

The Huffington Post | Cristian Farias | Posted 04.20.2016 | Politics

WASHINGTON -- For a moment Wednesday, the three branches of the federal government seemed to line up in perfect harmony -- if only to show their suppo...

SCOTUS: Is Trump's Immigration Policy More Constitutional Than Obama's?

Amy Dardashtian | Posted 01.26.2016 | Politics
Amy Dardashtian

From a purely legal perspective, our present immigration policy is more favorable to Donald Trump's plan to mass deport immigrants than it is to President Obama's attempts to keep families together.

Chief Justice John Roberts May Get To Decide A Key Point In U.S.-Iran Relations

The Huffington Post | Cristian Farias | Posted 01.14.2016 | Politics

WASHINGTON -- The Supreme Court may not be ready to take orders from President Barack Obama and Congress, even when delicate issues of foreign affairs...

Three Heads (of Government) Are Better Than One

Alex Glashausser | Posted 07.03.2016 | Politics
Alex Glashausser

With its multitude of heads, the Hydra of Greek mythology must have faced internal dissension. How did it resolve basic questions such as whom to attack? Or perennial puzzlers such as whether Jerusalem is in Israel? In his "second labor," Hercules used his golden sword to slay the Hydra, so we will never know.

Building a Court They Can Bend to Their Will: Scott Walker and His Big Business Funders Undermine the Independence of the Wisconsin Judiciary

Nan Aron | Posted 06.09.2015 | Politics
Nan Aron

It hasn't gotten a lot of attention outside Wisconsin, but if you want to see what a President Scott Walker might try to do to an independent federal judiciary, check out what Governor Scott Walker is doing to the Wisconsin judiciary -- including through a crucial referendum vote Tuesday.

You Can't Make the Congress Do Anything

Washington Spectator | Posted 05.08.2015 | Books
Washington Spectator

Clearly written and brimming with telling historical details and sharp insights, The Fierce Urgency of Now is essential reading not only for those who want to understand the Great Society but for everyone concerned with how it might be preserved or expanded.

Revisiting Kafka's Castle in New Turkey

Alparslan Akkuş | Posted 03.11.2015 | World
Alparslan Akkuş

In today's Turkey, the controversial 1150-room palace of President Recep Tayyip Erdogan, dubbed AK Saray, is no less than Kafka's Castle in terms of its absurdity.

Obama's Executive Orders: Can We Talk?

Robert J. Spitzer | Posted 01.18.2015 | Politics
Robert J. Spitzer

As Washington leaders charge headlong into a clash over President Obama's plan to issue executive orders on immigration, can we take a minute and talk about what executive orders are?

Boehner Law Suit Dismissed; Fix Constitutional Dysfunction

Douglas Kmiec | Posted 10.05.2014 | Politics
Douglas Kmiec

To avoid our present dysfunction, we must modify House and Senate rules that elevate the party and ideology over the formation of a workable government. The tradition of separated power will continue to secure our liberty. It is the interdependence and the reciprocity that is understated.

NLRB v. Noel Canning: Two Cheers for Recess Appointments

Peter M. Shane | Posted 08.27.2014 | Politics
Peter M. Shane

The Supreme Court's Noel Canning decision upholds the D.C. Circuit's outcome, but repudiates its reasoning and leaves the elected branches with pretty much the same tools already available to them to foster either friction or cooperation. All in all, it's a pretty good day for constitutionalism.

Hillary Clinton and Our Separation of Powers: A Law Student's Perspective

Skyler Gray | Posted 06.17.2014 | College
Skyler Gray

Presidential candidates with Hillary's governmental experience do not come around everyday, and we need her profound insight to work towards breaking though the partisan standoffs that seem to characterize current U.S. politics.

The Constitutional Stakes in Debt Ceiling Brinkmanship

Peter M. Shane | Posted 12.15.2013 | Politics
Peter M. Shane

If you don't think the current government shutdown and fight over the debt ceiling are a threat to constitutional government, you're not paying attention.

Checks and Balances: The Government Shutdown in Perspective

Jack Pinkowski | Posted 01.23.2014 | College
Jack Pinkowski

Conservative Republicans are using the system, because they can, to bring the healthcare bill back on the agenda by refusing to pass the omnibus budget bill for 2014. This is possible by design and a result of the Separation of Powers. That system of checks and balances incorporates the need for agreement and compromise between the legislative, executive and judicial branches of government.

6 Lessons From the Government Shutdown

Jeanne Zaino | Posted 11.30.2013 | Politics
Jeanne Zaino

How did we get to this point? How we can avoid being in this position in the future? We don't yet have the perspective necessary to answer these questions fully.

Rebalancing War Powers: President Obama's Momentous Decision

Peter M. Shane | Posted 11.02.2013 | Politics
Peter M. Shane

President Obama's pursuit of congressional authority for a Syrian strike operation is, to date, his single most important decision in reshaping the post-9/11 presidency.

Using the Syria Debate to Launch War Powers Reform

Peter M. Shane | Posted 11.09.2013 | Politics
Peter M. Shane

Now is the time for Congress to think about war-making in a context broader than Syria. President Obama has opened up the possibility for seriously rethinking the relationship of our elected branches in war-making in the post-9/11 era. It would be wonderful not to miss this opportunity for reform.

Sen. Lautenberg's 2005 Stand Against David Barton Was Much More Than Just a Stand for Separation of Church and State

Chris Rodda | Posted 08.05.2013 | Politics
Chris Rodda

Upon hearing of his passing on Monday morning, the one thing that immediately came to mind for me was the day in 2005 when he took a stand on the Senate floor against pseudo-historian David Barton.

The NLRB, the IRS, and the Cancer of Senate Obstructionism

Peter M. Shane | Posted 07.17.2013 | Politics
Peter M. Shane

What we are witnessing today in depressing, even contemptible form is a GOP-led congressional subversion of two of the most elementary norms on which our government rests.

Fixing Illinois' Unconstitutional Mandatory Life Without Parole Sentencing for Juveniles

Jeanne Bishop | Posted 07.16.2013 | Chicago
Jeanne Bishop

It's May now, and the Illinois legislature has already taken up measures to try to fix the concealed carry law. The fix on juvenile life sentences? Still waiting.

Scalia: Recuse or Resign

Brent Budowsky | Posted 05.14.2013 | Politics
Brent Budowsky

Scalia has a right to believe voting rights are a "perpetuation of racial entitlement" for blacks and Hispanics, but should promote this repellent and biased view on conservative talk radio, not the court.

Two More Reasons Why the D.C. Circuit is Wrong, Wrong, Wrong on Recess Appointments

Peter M. Shane | Posted 04.01.2013 | Politics
Peter M. Shane

Congress can work mischief of its own. The Senate can hold up patently qualified nominees interminably. Or a majority of the House of Representatives may disable the Senate from going into "the recess" for no reason other than to preserve the filibustering prerogatives of a Senate minority.

Making Mischief with Recess Appointment Authority -- The DC Circuit Adds New Ways to "Just Say No"

Douglas Kmiec | Posted 03.31.2013 | Politics
Douglas Kmiec

Having few ideas of one's own and repeatedly finding a way to deny Democratic action to meet modern day problems can hardly be claimed as a Senatorial privilege -- which, of course, it is not.