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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54
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8answers
14k views

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 ...
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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 ...
42
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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
9k views

Can a President mandate Upvotes?

This image is from when Barack Obama (the then serving president) thanked Reddit for helping protect the open internet. Thanks Redditors! Wish I could upvote every one of you for helping keep the ...
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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 ...
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6answers
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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 ...
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 ...
15
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3answers
3k views

Presidential power over Congress

In a comment in an answer about a canceled vote: Other than belittling them on Twitter, what exactly do they have to fear from Trump's "wrath?" – Andy yesterday [3-26-17] What official and ...
15
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4answers
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Has a court ever struck down an election result in the United States?

A number of observers have raised the issue of court challenges to the 2016 US presidential election results. Various rationales might be employed. For instance, Harvard Law prof. Larry Lessig has ...
13
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2answers
724 views

Are there plans to deal with “insurrection” of British monarchy?

As per this answer, "Remember though, all these powers are on paper only. In reality all those powers lie with the Prime Minister and Parliament" and "The sovereign does actually still have official ...
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3answers
1k views

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 ...
11
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1answer
516 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
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
517 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 ...
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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3answers
582 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 ...
9
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3answers
453 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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1answer
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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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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?
8
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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 ...
8
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1answer
603 views

What would it take to test War Powers Resolution (practically)?

Many if not most political discussions around the use of military force by POTUS tend to slide down to War Powers Resolution, and for reasonable people, those tend to slide to "who knows, the only way ...
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0answers
335 views

How is judicial independence ensured for International Tribunals?

According to this article, Mladic's conviction by International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague found widespread international support. However, this opinion is not ...
7
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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 ...
7
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1answer
227 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 ...
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1answer
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Is there a fusion of powers in parliamentary regimes?

When discussing separation of powers in my introductory political science course, the lecturer asserted that there isn't a fusion of power between the executive (prime minister + cabinet) and the ...
6
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2answers
346 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
391 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 - ...
6
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1answer
2k views

Why doesn't the House of Representatives have a say in treaties?

[The President] shall have Power, by and with Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur... (US Constitution) Is there any evidence from ...
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2answers
857 views

Congressional Review Act--Is it Constitutional?

Senate Majority Leader Mitch McConnell recently invoked this law Washington Examiner: Senate Majority Leader Mitch McConnell, R-Ky., is vowing to reverse the Obama administration’s final stream-...
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5answers
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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 / ...
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2answers
423 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 ...
5
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1answer
313 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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1answer
462 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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2answers
290 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 ...
5
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1answer
244 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?
5
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1answer
249 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 ...
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3answers
1k views

Does the head-of-state pardon violate separation of powers?

In a rechtsstaat, separation of powers in legislative, executive, and judicial powers provides some protection to the civilians and reduces the power of government. In some legislations, however, the ...
4
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1answer
435 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?
4
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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 ...
4
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1answer
525 views

What are the President's responsibilities in executing judicial order?

In this interview with NewsMax, Republican presidential candidate Ben Carson was asked what he would do to preserve traditional marriage if the Supreme Court were to recognize marriage equality ...
4
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2answers
150 views

Does Congress delegate their powers to the Cabinet directly or does it delegate it 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 "...
4
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0answers
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. (...
3
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1answer
387 views

Ability of the President of the United States to contact other nations in secret

What are the limits on the ability of the President of the United States to secretly contact powerful representatives of other nations (for example, another nation's head of state, or that nation's ...
3
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2answers
238 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
139 views

Is the H1-B visa program an executive initiative or a statutory mandate?

Is the H1-B visa program an executive initiative or a statutory mandate? The H1-B visa program allows US corporations to import skilled foreign workers into the United States. President-elect Donald ...
3
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1answer
196 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 ...
3
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1answer
106 views

Why is driver's test privatization in purvue of Israel's Supreme Court?

So this minor news article ("High Court order against privatization of driving tests") caught my attention, by the fact that it seems like such a strange and insignificant topic to rise to Supreme ...
3
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1answer
181 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 ...
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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0answers
33 views

Is there an analysis of what levels of government makes different decisions? [closed]

In the light of the UK's impending referendum on membership of the European Union, I've been reading a bit about the distribution of powers in a layered political system. Various regions of the UK ...