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Keyword: separationofpowers

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  • From now on, our Department will not usurp Congress’s job of making the rules.

    01/07/2018 9:59:40 AM PST · by SubMareener · 39 replies
    Official Department of Justice Department Twitter ^ | 11:13 AM - 5 Jan 2018 | Deputy Attorney General Rosenstein
    Justice Department‏Verified account @TheJusticeDept "From now on, our Department will not usurp Congress’s job of making the rules. We will stick to enforcing them."—Deputy Attorney General Rosenstein 11:13 AM - 5 Jan 2018
  • Is Trump Restoring Separation of Powers?

    11/26/2017 12:00:54 PM PST · by EveningStar · 30 replies
    National Review ^ | November 20, 2017 | Josh Blackman
    Our Constitution carefully separates the legislative, executive, and judicial powers into three separate branches of government: Congress enacts laws, which the president enforces and the courts review. However, when all of these powers are accumulated “in the same hands,” James Madison warned in Federalist No. 47, the government “may justly be pronounced the very definition of tyranny.” The rise of the administrative state over the last century has pushed us closer and closer to the brink. Today, Congress enacts vague laws, the executive branch aggrandizes unbounded discretion, and the courts defer to those dictates. For decades, presidents of both parties...
  • State officials not done fighting federal intrusion into local election systems

    06/25/2017 2:03:22 AM PDT · by huldah1776 · 16 replies
    Washington Examiner ^ | June 25, 2017 | Todd Shepherd
    The nation's top state election officials say they'll keep fighting a Department of Homeland Security order that designates state and local election systems as "critical infrastructure," and aren't happy with the message they got this week that the designation will remain. For the moment, that fight means lobbying congressional delegations to use whatever power is at their disposal to make DHS back off. Barring that, a separation of powers lawsuit may be their last option, but it's not clear yet if any state or coalition of states is willing to take that step just yet. Week Twenty-Two of the Trump...
  • 3 Bills Sen. Mike Lee Thinks Could Shift Power ‘Back to the People’

    05/20/2017 8:27:26 PM PDT · by ForYourChildren · 22 replies
    Dailty Signal ^ | 05/17/2017 | Rachel del Guidice
    Over the past eight decades, Congress has gradually relinquished its lawmaking role and left it to the administrative state, said a conservative senator at a Capitol Hill event on Wednesday. “Many Americans now feel that they are not in control of their own government,” Sen. Mike Lee, R-Utah, said during an event hosted at the Federalist Society’s fifth annual Executive Branch Review Conference. “The administrative state is designed to be insulated from the will of the people.” The Utah senator said that one way he is working to combat this phenomenon is through an initiative he has started called Article...
  • Vanity: Can the president ignore the court and continue with his valid executive order?

    02/09/2017 4:01:56 PM PST · by Jim Robinson · 368 replies
    February 9, 2017 | Jim Robinson
    Vanity Discussion Question: Can the president ignore the court order and continue with his valid executive order? It appears the president is acting in accordance to his constitutional powers and specifically in accordance to laws regarding immigration and has been challenged and overridden by an unconstitutionally political activist (liberal) court. If so, can he can he continue with his valid orders controlling the actions of the executive branch? No doubt this would set up a "constitutional crisis" but this is going to happen soon anyway as it's the only way we will ever restore constitutional government, ie, the liberal activist...
  • Justice Dept. lawyers say Trump has power to block foreign visitors

    02/06/2017 4:47:41 PM PST · by jazusamo · 27 replies
    The Washington Times ^ | February 6, 2017 | Andrea Noble & Stephen Dinan
    President Trump’s extreme vetting policy is a temporary, legal and smart use of his national security and immigration powers, the Justice Department said in its legal defense, filed Monday evening, that argues the courts are meddling with the separation of powers. The administration’s lawyers are asking an appeals court to lift a lower judge’s restraining order that has defanged most of Mr. Trump’s Jan. 27 executive order imposing the new vetting policy. The lawyers said immigration law gives Mr. Trump expansive powers to decide whom to let into the U.S. and whom to block, and said that while people who...
  • FBI Director: 'We Will Build a Nationwide Database' to Detect Implicit Bias in Policing

    10/03/2016 11:57:18 PM PDT · by Olog-hai · 84 replies
    Cybercast News Service ^ | September 28, 2016 | 9:04 AM EDT | Susan Jones
    Testifying at a Senate hearing on Tuesday, FBI Director James Comey agreed that it is hard to address the issue of implicit bias in policing when there is no reliable data on the races of the people involved in police actions. “This is one of the most important issues we confront in the FBI — I think we confront as Americans,” Comey told Sen. Cory Booker (D-N.J.) who raised the issue of race and policing. “Every conversation, in my view, about the use of force and race and policing in this country is uninformed.” But Comey plans to change that:...
  • The EPA’s “Power Plan” Is An Unlawful Power Grab

    09/23/2016 6:30:37 PM PDT · by george76 · 18 replies
    The Daily Caller ^ | 09/23/2016 | Marlo Lewis
    The D.C. Circuit Court of Appeals will hear oral argument next Tuesday, September 27 on the Environmental Protection Agency’s so-called Clean Power Plan. The centerpiece of resident Obama’s climate policy agenda, the Plan establishes first-ever carbon dioxide (CO2) emission standards for “existing” (already built) coal and natural gas power plants. The Plan will increase consumer energy prices and impede job and GDP growth yet have no discernible effect on global temperatures or sea levels. However, that’s not why the Court should strike it down. The Court should overturn the Plan because it is an unlawful power grab. The Plan will...
  • Once Skeptical of Executive Power, Obama Has Come to Embrace It

    08/13/2016 6:46:50 AM PDT · by Theoria · 32 replies
    The New York Times ^ | 13 Aug 2016 | BINYAMIN APPELBAUM and MICHAEL D. SHEAR
    Mr. Obama will leave the White House as one of the most prolific authors of major regulations in presidential history. In nearly eight years in office, President Obama has sought to reshape the nation with a sweeping assertion of executive authority and a canon of regulations that have inserted the United States government more deeply into American life. Once a presidential candidate with deep misgivings about executive power, Mr. Obama will leave the White House as one of the most prolific authors of major regulations in presidential history. Blocked for most of his presidency by Congress, Mr. Obama has sought...
  • McCaskill [D-MO]: Founding Fathers ‘Maniacal’ for Wanting Separation of Powers

    07/14/2016 11:08:55 AM PDT · by C19fan · 50 replies
    Free Beacon ^ | July 14, 2016 | David Rutz
    Sen. Claire McCaskill (D., Mo.) called the Founding Fathers of the United States “a little maniacal” in their focus on having a separation of powers during an appearance Thursday on Morning Joe. McCaskill, a Hillary Clinton supporter, said while criticizing Donald Trump that the country should not be divided and pointed to the rancor in Congress as proof of the problem.
  • Obama nominates CIA watchdog to fill long vacancy

    06/16/2016 7:47:43 PM PDT · by Fedora · 43 replies
    The Hill ^ | 06/16/2016 | Julian Hattern
    President Obama on Thursday nominated a former CIA officer and longtime lawyer who examined missteps in U.S. intelligence to be the spy agency’s next inspector general, hoping to fill a position at the watchdog office that’s been vacant for more than a year. If confirmed by the Senate, Shirley Woodward would fill the role left empty since David Buckley stepped down from in January 2015, on the heels of a landmark determination that CIA officials had gained unauthorized access to Senate computer files. Lawmakers called the episode a potential violation of constitutional separation of powers, and the spat led to...
  • Texas leading lawsuit to stop Obama transgender directive

    05/25/2016 3:15:31 PM PDT · by Extremely Extreme Extremist · 11 replies
    WFAA.COM ^ | 25 MAY 2016 | TEXAS TRIBUNE
    (TEXAS TRIBUNE) -- Texas joined by 10 other states, filed a lawsuit Wednesday to stop a federal directive instructing school districts to let transgender students use the bathroom that corresponds with their gender identity, Attorney General Ken Paxton announced Wednesday. Calling the Obama administration directive “outside the bounds of the constitution,” the McKinney Republican said that the state was taking action to protect a school district near the Oklahoma border that had passed a policy earlier this week requiring students to use bathrooms according to the gender cited on their birth certificates.
  • Citizens Sue Kerry and Edwards-charge Violations of Separation of Powers, Checks and Balances..

    09/11/2004 12:49:31 PM PDT · by Cincinatus' Wife · 27 replies · 1,895+ views
    MensNewsDaily ^ | September 11, 2004 | Eric Ross
    Plaintiffs charge Violations of Separation of Powers, Checks and Balances, and a Widespread Corruption As we all learn by the 6th grade, Articles One through Three of the U.S. Constitution make provisions for the three separate and independent branches of the US government: the executive, legislative, and judicial. But how independent and separate are they really? – Three New Jersey residents, Bruce Eden, Barry Weinstein [1] and Steven Rosamilia have filed a lawsuit in the N.J. Superior Court, alleging Democrat party presidential nominees John F. Kerry and John Edwards, and the New Jersey State Democratic Committee, their co-defendant, violated Constitutional...
  • Republican Senator Calls for Hearing for Obama's Supreme Court Nominee [Susan Collins]

    04/07/2016 9:23:10 AM PDT · by Olog-hai · 30 replies
    Cybercast News Service ^ | April 5, 2016 | 3:08 PM EDT | Melanie Hunter
    Sen. Susan Collins (R-Maine) said Tuesday that she met with President Barack Obama’s Supreme Court nominee Judge Merrick Garland, and she is “more convinced than ever that the process should proceed” despite the GOP leadership’s assertion that the next president should nominate the next Supreme Court justice. “I’ve just concluded a more than hour-long meeting with Judge Garland. It was an excellent meeting that allowed us to explore many of the issues that I would raise with any nominee to the Supreme Court as well as some of the criticisms that have been levied against him. The meeting left me...
  • Navy Biofuel Deal is 'Cost Prohibitive,' 'Another Solyndra,’ Critics Say

    12/23/2011 10:22:40 AM PST · by jazusamo · 28 replies
    CNSNews ^ | December 23, 2011 | Fred Lucas
    Navy jet takes off from U.S.S. Ronald Reagan. (U.S. Navy photo) (CNSNews.com) – The Obama administration’s deal to buy 450,000 gallons of biofuel for Navy jets comes at a cost of up to nine times higher than regular fuel, a spokesman for Sen. James Inhofe (R-Okla.) said, coming at a time when the U.S. military is already facing deep budget cuts. Inhofe, a member of the Senate Armed Services Committee and former chairman of the Senate Environment and Public Works Committee, has supported biofuel projects in the past, but has problems with a program the U.S. Department of Agriculture...
  • Ben Sasse to Senate colleagues: Will you oppose President Trump if he acts unilaterally?

    12/18/2015 8:05:40 PM PST · by Kaslin · 24 replies
    Hot Air.com ^ | December 18, 2015 | ALLAHPUNDIT
    For your Friday evening viewing pleasure, the third major speech he’s delivered in the last few months demanding more leadership from his colleagues. The first, in early November, was a general indictment of Senate dysfunction. The second, which came just last week, was a plea for clarity in the war on radical Islam, especially from Obama. This one is a hard knock on both parties for cowering as the executive branch gobbles up more and more of Congress’s prerogatives. And the hook, as any media-savvy pol nowadays would insist on, is Trump. That comes right at the beginning (transcript here);...
  • House OKs lifting 40-year-old US ban on oil exports

    10/09/2015 11:26:48 AM PDT · by Olog-hai · 30 replies
    Associated Press ^ | Oct 9, 2015 1:38 PM EDT | Matthew Daly
    Defying a White House veto threat, the Republican-controlled House on Friday approved a bill to lift a 40-year-old U.S. ban on crude oil exports. The House approved the bill on a 261-159 vote. Supporters said an ongoing boom in oil and gas drilling has made the 1970s-era restrictions obsolete. Lifting the export ban would lower prices at the pump, create jobs and boost the economy, said House Speaker John Boehner, R-Ohio. […] The White House called the bill unnecessary and argued that a decision on whether to end the ban should be made by the Commerce secretary. …
  • Scalia Defends The Constitution, Questions The 17th Amendment

    05/14/2015 7:39:12 PM PDT · by Tolerance Sucks Rocks · 44 replies
    Western Journalism ^ | May 13, 2015 | Randy DeSoto
    Supreme Court Justice Antonin Scalia reaffirmed his commitment to defending the Constitution while speaking to the Federalist Society in his home state of New Jersey on Friday. Scalia, the preeminent conservative firebrand of the court, told the audience it is the structure of the government under the Constitution and not the liberties guaranteed under the Bill of Rights that makes us free. As reported by The Daily Signal: “Every tin horn dictator in the world today, every president for life, has a Bill of Rights,” said Scalia, author of the 2012 book Reading Law: The Interpretation of Legal Texts. “That’s...
  • A little-noted masterpiece of constitutional scholarship by Justice Thomas

    03/20/2015 5:10:59 AM PDT · by cotton1706 · 54 replies
    americanthinker.com ^ | 3/20/15 | Mark J. Fitzgibbons
    Everything you really need to know about the Constitution (and that’s barely an exaggeration) -- why it is structured the way it is, what led to it, its purposes -- is found in pages 2 – 12 of the March 9 concurring opinion by Justice Thomas in the Dept of Transportation v Assn of American Railroads case. Although it received little media attention, Justice Thomas has provided us a masterpiece of constitutional thinking, explaining why “administrative law” -- the practice of delegating to bureaucrats the making and enforcement of rules with the force of law – is so profoundly unconstitutional....
  • Principles of constitutionalism: divided power is limited power

    02/19/2015 5:52:45 AM PST · by Yashcheritsiy · 8 replies
    Renew America ^ | February 11, 2015 | Tim Dunkin
    In the previous installment of this series, I discussed the place that virtue was understood to have as the basis for all good government, and thus its central position in the minds of the founding generation who established our Constitution. In this article, I would like to explore one of the ramifications of that principle, and discuss how it was applied in our founding document. This is the principle that "divided power is limited power," and why it is important, constitutionally and morally speaking, for power to be both divided and limited. If there is one thing our founders were...