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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9
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3answers
579 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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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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2answers
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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?
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4answers
848 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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8answers
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What does the POTUS do, exactly?

It seems that the main avenues available to the President of the United States (POTUS) to exercise his will are: Vetoing bills Hiring and firing top employees in federal government Appointing supreme ...
9
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3answers
450 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 ...
2
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0answers
348 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. ...
2
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2answers
1k views

Why is government usually divided in exactly three specific branches

In most countries, government is divided into legislative, executive and judicial branch. For what reasons is this division to prevalant? Why isn't government divided in some other way (e.g. there ...
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2answers
171 views

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 ...
18
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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 ...
10
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3answers
829 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 ...
10
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1answer
326 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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1answer
589 views

What are the reasons that Poland's people would allow the elimination of separation of powers?

The US State Department stated: The Polish government has continued to pursue legislation that appears to undermine judicial independence and weaken the rule of law in Poland,” ... “We urge all ...
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1answer
461 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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1answer
164 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 ...
2
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1answer
44 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 ...
2
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0answers
162 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 ...
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1answer
18k views

What are the negative and positive consequences of a system of seperated powers? [closed]

The United States Government consists of a separation of powers (3 branches of government). What are the positive and negative consequences of the separation of power?