Questions tagged [separation-of-powers]

Questions relating to the separation of power when it comes to governing a state. A prime example is the trias politica which divides power between a legislature, an executive and a judiciary.

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6
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2answers
371 views

What are the types of decisions of the Supreme Court that can be overruled by the U.S. Congress?

What are the types of decisions of the Supreme Court that can be overruled by Congress? In some countries, when the Supreme Court makes decision on any matter, it cannot be reversed by any lower ...
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2answers
380 views

Is the current governance of the United States Capitol Police at odds with separation of powers doctrine?

The United States Capitol Police (USCP) appears to be a law enforcement agency and has been in the news since the capitol riot of January 6th, 2021. However, in recent events, the Capitol Police ...
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1answer
179 views

Can the President personally arrest someone? [duplicate]

If all executive powers is held by the President and FBI agents can make arrests, doesn’t that mean the President can too?
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1answer
1k views

Why didn’t the Framers of the US Constitution clarify who has the power to suspend habeas corpus?

It seems awfully strange to mention a very strong power, that if used improperly could destroy American democracy, and not say who can invoke it. Why?
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3answers
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How can Congress end a war over the objections of the President

The Constitution seems to indicate that Congress should control war making, since it has the sole power to declare war. However, as the Commander in Chief, the President is given very broad powers ...
10
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1answer
342 views

Will any state or federal laws be broken by a rich individual funding the movement and support of South Dakota National Guard troops?

Politico's Billionaire GOP donor is funding South Dakota National Guard border deployment says: Willis Johnson doesn’t live in the state but says he backs Gov. Kristi Noem, a potential presidential ...
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2answers
4k views

How can the US President create a waiver for patent enforcement?

According to a recent statement by the US Trade Representative: “This is a global health crisis, and the extraordinary circumstances of the COVID-19 pandemic call for extraordinary measures. The ...
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3answers
258 views

Does Congress delegate powers to the Cabinet directly or to the President who then gives it to the Cabinet member?

My question basically boils down to "does the Cabinet hold powers separate from the President?" I'll give an example of what I mean. The Secretary of Treasury is responsible for "...
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1answer
174 views

Does congress recognize any ethical obligations to avoid influencing sitting juries? [closed]

There is a fundamental tension between U.S. 1st Amendment freedoms of speech and press and the 2nd and 14th Amendment right to due process and trial by an impartial jury. In the U.S., the legal ...
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1answer
212 views

How far does Congressional judicial stripping extend?

Under Article III Section 2 Clause 2, Congress has the power to limit the Supreme Courts power: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State ...
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1answer
166 views

Changing the local time of Washington, D.C

Who has the power to change the local date/time of Washington D.C., and what is the extent of this power? Could this power be abused to extend/reduce the terms of elected officials? Certainly the ...
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1answer
118 views

What checks and balances are there to stop the Supreme Court from grossly misinterpreting the constitution?

If the Supreme Court were to rule that they have the power to impeach and convict the president because they are supposed to make sure the constitution is not violated or ruling that the first ...
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2answers
1k views

Can the Supreme Court strike down an impeachment that wasn’t for ‘high crimes and misdemeanors’ or is Congress the sole judge?

If an impeachment for something clearly not a ‘high crime or misdemeanor’ were to go though for example for increasing tariffs, would the Supreme Court have the power to overturn their judgement?
5
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1answer
250 views

How immune are Supreme Court justices or other high ranking judicial officials from punishment for crimes committed during their official duties?

I am aware that members of Congress have some immunities and so do the President and Vice President, but what about Supreme Court justices or federal prosecutors for example?
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1answer
443 views

Can the Secret Service be fired by the President?

Can a sitting American President hire and/or fire members of the Secret Service at his discretion? Or could the entire Secret Service be abolished or replaced if the President wanted to?
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1answer
6k views

Where does Trump's authority to cut funding to WHO come from, if Congress controls spending?

I always thought that Congress controlled US government spending; the so called "power of the purse". However, on April 14th, Trump gave a press conference during which he signalled that he would ...
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3answers
99 views

Could the president push a bailout for industries affected by a disaster without congressional support?

There's a lot of talk lately about bailout packages being offered to airlines and other affected industries. Assuming that the president was in support of a bailout and was willing to do whatever was ...
5
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1answer
332 views

Do Polish citizens support law that allows judges to be disciplined for criticizing the system?

Polish President Duda has adopted on October, 2nd 2020 a divisive law that allows judges to be disciplined for criticizing the system. The legislation, which has drawn condemnation from the European ...
5
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2answers
428 views

How does granting immunity to an already imprisoned person fit with judicial independence?

Where I live judicial independence was a hot topic for quite a while, namely that the politics should interfere as less as possible in justice. This article shows an interesting case when getting ...
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1answer
235 views

What executive powers does the Prime Minister have?

In a presidential republic like, say, America, there are executive powers afforded to the President; for example the power to veto legislation. In the United Kingdom, as I understand it, the powers of ...
2
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1answer
136 views

Does any other Latin American country have a justice system in which the security forces can only be prosecuted by military courts?

According to a 2016 Amnesty article, the Chile justice system encourages brutality from the security forces because Chile’s military courts, which deal with cases of human rights violations committed ...
5
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1answer
465 views

Has the UK Parliament been successfully sued for passing or doing something deemed unconstitutional?

According to some "extrajudicial" comments by justices in R (Jackson) v Attorney General , e.g.: Lord Hope followed on from Lord Steyn Parliamentary sovereignty is no longer, if it ever ...
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132 views

Are there well-known democracy ranking/evaluation systems that penalize the fusion of powers (between the executive and legislative)?

Basically, I want to ask how accepted is the idea that fusion of powers between the executive and legislative, present in the Westminster-inspired systems, implies a democratic deficit of some kind. (...
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2answers
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Whistleblowers and statutory protections

The Federalist is reporting that the "whistleblower" in the Ukraine affair "concealed contacts" in their submission about prior contact with Congress. According to Fox News investigative reporter ...
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1answer
77 views

Is there any other constitutional body represented in Autonomous Communities?

In Spain, Autonomous Communities (A.C.) Presidents hold a representation of/from the State (every power of the State, ultimately deriving from popular citizen vote) in the A.C.[reference TBMA on ...
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3answers
584 views

Is the US president the ultimate law-enforcement officer?

In the comments of another answer, Grovkin and I discussed the power of the US president. In a reply I received, it was stated that the US president is the ultimate-enforcement officer: @JJJ it ...
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2answers
314 views

Would this use of *nobile officium* be a separation of powers violation?

I've mentioned here and here that certain Brexit-pursuing actions as Prime Minister, by Theresa May and Boris Johnson, raised separation of powers concerns quite separate from the policy question of ...
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1answer
96 views

Why not just put FPTP in one house and PR in the other? [closed]

Is it possible to get benefits of the two approaches (majoritarian and proportional) in a parliamentary system by making the lower house get elected by First-Past-The-Post and the upper one by party-...
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4answers
869 views

How is justice supposed to work for the president of the United States?

I am having trouble understanding how the President of the United States should be brought to justice if one should commit a crime. This question should not be viewed as pro-vel-contra Trump, but an ...
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9answers
13k views

Can a US president have someone sent to prison?

In an interview at the White House recently, Donald Trump is quoted threatening a journalist with prison time by saying: "You can go to prison instead," Is the president of the United States ...
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6answers
6k views

In American Politics, why is the Justice Department under the President?

This may sound like an easy question. Legislators make laws, the executive executes laws and the judiciary judges laws. Sounds simple. I've heard that the Justice Department is under the executive ...
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1answer
46 views

Was parliamentary ratification of trade treaties necessary in the UK (before joining the EU)?

The royal prerogative seems to be the source of UK's government's power to conduct foreign affairs. But does it completely cover trade treaties, i.e. before joining the EU was parliamentary ...
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1answer
195 views

Who has the power to designate new countries for TPS (temporary protected status)?

VOA news on January 17, 2019: Amid a deepening crisis and mass exodus from Venezuela, bipartisan legislation was unveiled Thursday to provide temporary protected status (TPS) to Venezuelan nationals ...
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3answers
839 views

What is the legal basis for the Trump administration's decision to impose and then remove tariffs?

I'm no expert on the applicable law regarding tariffs and international trade, but I do know that the most famous tariff policy in US history was the Smoot-Hawley Tariff Act, named after two members ...
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1answer
519 views

Can the US President recognize Israel’s sovereignty over the Golan Heights for the USA or does that need an act of Congress?

President Trump has tweeted that the USA should "fully recognize Israel’s Sovereignty over the Golan Heights" - directly contradicting United Nations Security Council Resolution 497 from 1981. Can ...
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3answers
466 views

Aren't, in practice, the executive and legislative powers oftentimes nearly unified?

As far as I'm aware, according to the theory of separation of powers, which is considered one of the foundations of democracy, prescribes the three government powers: executive, legislative, judiciary ...
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2answers
243 views

How has the division of power worked, between govt and parliament, in modern Britain?

In the last few months, the UK has seen what might be called an "activist parliament". There have been comments on TV/radio in the context of Brexit, that MPs have been setting their own agenda, not ...
3
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1answer
81 views

Press conference by SC judges

Is the historic press conference by four senior-most SC judges a sign of government interference in the workings of the judiciary? References - https://www.thehindubusinessline.com/news/supreme-...
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2answers
396 views

Has there ever been any government in the world where a science commission was a branch of power with constitutional level?

The typical branches of power in the world are, - Executive power - Legislative power - Judicial power Many other countries have additional branches with constitutional level power, for example - ...
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2answers
144 views

Do US federal agencies take a position on legislation?

Are there laws which prohibit or limit the ability of United States federal agencies (eg. SAMHSA) to take a public position in favor or against bills currently under consideration of the legislature? ...
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2answers
209 views

Would federal agencies have enough power to run the country without the government?

Essentially all the federal agencies have control over their spending. The DOT can raise revenue by road tolls, DOE has royalties, Medicare/ss can garnish small amounts of wages that aren't worth ...
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3answers
6k views

Isn't the question of partisanship of US supreme court judges contradictory to the separation of powers?

Being German I find it rather strange to witness the discussion in the US regarding placing Kavanaugh as the 9th judge in the supreme court. In the news it always sounds as if it is a matter of the ...
10
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1answer
518 views

Entire court impeached

The West Virginia House Judiciary Committee has voted to impeach the entire West Virginia Supreme Court. This vote means that it will go to the WV house floor for impeachment consideration. Here's ...
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0answers
349 views

What are different ways of allocating investigative power?

Background - The U.S. allocation of investigative power In the U.S. system of government, there are a variety of ways that a potential incident or public policy issue of concern can be investigated. ...
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5answers
1k views

How can the Judicial Branch enforce its orders?

I got to thinking on this when reading this thread What happens if administration doesn't meet the deadline to reunify families? The answer talks about contempt and the possibility of sanctions / ...
5
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1answer
254 views

Is there a recent example of a constitutional court decision limiting presidential powers within Europe?

Romanian Constitutional Court has decided that the President must fire anti-corruption chief (about motivation): Judges said that under the constitution, Iohannis cannot reject a government ...
2
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1answer
354 views

Can confirmations be revoked?

In the US, the Congress has the power of Advice and Consent to the President. As such, it has the power to vote up or down the heads of the departments whom he nominates. This is on the theory that, ...
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2answers
134 views

Does Constitutional Court deciding upon a law related to its members break the "checks and balances" principle?

According to this article, Romanian Constitutional Court decided upon a notification coming from a parliamentary party regarding its own members immunity. Shortly put, they are deciding the ...
2
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2answers
614 views

Power structure of French vs. German federalism [closed]

While Germany is a federation of states, France has chosen to devolve some of the power to its regional governments. How has this affected the development of these countries? Has one system fared ...
2
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0answers
165 views

Why are the EU and Media so against Poland's court reforms, when other countries have similar systems [duplicate]

Following on from this this question - There is a lot of resistance from the EU and the mainstream media to Poland's proposed changes to the way Judges are selected. As I understand it, the current ...