All articles tagged with #separation of powers
Originally Published 3 months ago — by The New York Times
The Supreme Court, with a conservative majority, temporarily allowed President Trump to withhold $4 billion in foreign aid appropriated by Congress, citing executive flexibility in foreign affairs, while dissenting justices emphasized the importance of congressional authority and potential humanitarian impacts.
Originally Published 4 months ago — by CNN
A US appeals court blocked Trump from firing Shira Perlmutter, the copyright official who prepared an AI report Trump allegedly disliked, ruling that her position is part of the legislative branch and can only be removed by Senate confirmation, highlighting ongoing legal battles over presidential power and independence of government officials.
Originally Published 5 months ago — by Bloomberg.com
A US appeals court ruled that the Trump administration can withhold billions of dollars in foreign aid approved by Congress, reversing a lower court decision and raising questions about executive power over congressional spending mandates.
Originally Published 5 months ago — by Salon.com
The Supreme Court's conservative majority authorized President Trump to dismantle the Department of Education without following statutory procedures, undermining the separation of powers and setting a precedent for executive overreach, despite congressional statutes explicitly prohibiting such actions.
Originally Published 5 months ago — by The Hill
The article criticizes the Supreme Court's decision allowing President Trump to unilaterally dismantle the Department of Education, arguing it violates the Constitution's separation of powers by granting the executive branch excessive authority to repeal laws without congressional approval, with dissenting justices warning of a move towards unchecked presidential power.
Originally Published 6 months ago — by NPR
A federal judge in Washington state ordered the Trump administration to resume distributing $5 billion in federal funds for high-speed electric vehicle chargers to 14 states, challenging the administration's pause on the funds which was seen as a setback for EV infrastructure development and a dispute over the separation of powers between Congress and the executive branch.
Originally Published 7 months ago — by The New York Times
The article reports on the Trump administration's intensified attacks on the judiciary following court rulings against its policies, including calling judges biased and undermining confidence in the courts, with some officials framing judicial decisions as an overreach or 'judicial tyranny.' The administration's rhetoric has also coincided with a rise in threats against federal judges, raising concerns about the impact on judicial independence and the separation of powers.
Originally Published 1 year ago — by NPR
President-elect Donald Trump plans to use impoundment, a presidential power to withhold funds approved by Congress, to cut government spending, raising concerns about the separation of powers. The Impoundment Control Act of 1974 limits this power, but Trump argues it's unconstitutional and seeks to challenge it, potentially leading to a Supreme Court case. His allies, including Russ Vought and Elon Musk, support expanding presidential authority to control spending, which could result in constitutional conflicts.
Originally Published 1 year ago — by Fox News
Chief Justice John Roberts declined an invitation from Democratic senators to discuss ethics concerns related to flags flown by Justice Samuel Alito, citing the importance of judicial independence and separation of powers. Alito defended his actions, stating he had no involvement in the flag incidents and would not recuse himself from cases related to the 2020 election or January 6th.
Originally Published 1 year ago — by NPR
Chief Justice John Roberts declined an invitation from Senate Democrats to discuss Supreme Court ethics, citing concerns over separation of powers and judicial independence. This follows controversy involving Justice Samuel Alito and politically controversial flags outside his properties.
Originally Published 1 year ago — by The Associated Press
The Wisconsin Supreme Court is considering a case brought by Governor Tony Evers against the Republican-controlled Legislature, challenging the power of legislative committees, particularly the budget-writing Joint Finance Committee. Evers argues that the committee is exceeding its constitutional authority and acting as a fourth branch of government. Justices expressed concerns about the potential impact on the separation of powers, with conservative justices questioning the broad implications of a ruling in favor of Evers. The case revolves around the committee's rejection of conservation projects, and a ruling is expected in the coming weeks or months.
Originally Published 1 year ago — by USA TODAY
The Supreme Court declined to hear an appeal from three House Republicans who were fined for bypassing metal detectors installed after the Jan. 6 Capitol attack. The court's decision follows a similar case involving GOP members flouting a mask mandate. The Republicans argued that the fines violated the Constitution's 27th Amendment, but the court upheld the ruling that the judiciary doesn't have oversight of Congress. The metal detectors were removed in 2023 after Republicans gained a majority in the House, but the issue resurfaced when a lawmaker requested a rule to ban guns from a committee room.
Originally Published 1 year ago — by ABC News
Former President Donald Trump has filed a brief with the Supreme Court arguing for absolute presidential immunity from criminal prosecution, contending that such immunity is necessary for the functioning and independence of the presidency. Trump's attorneys assert that denying criminal immunity would leave future presidents vulnerable to blackmail and political targeting, and that the Constitution provides a structural check against politically motivated prosecutions. The Supreme Court's decision to hear the case further delays Trump's prosecution on four charges related to his efforts to overturn the 2020 election results.
Originally Published 1 year ago — by The New York Times
A U.S. Court of Appeals panel rejected former President Trump's claim of immunity from federal criminal prosecution, stating that the presidency does not place its former occupants above the law. Trump's appeal will likely be taken up by the Supreme Court, where the issue of immunity for acts done in office will be decided. The panel's opinion provides insight into the radicalism of Trump's claim to executive immunity, which rests on the constitutional doctrine of separation of powers.
Originally Published 2 years ago — by POLITICO
The Supreme Court is set to hear arguments in a significant battle over the authority of federal agencies, particularly focusing on the Chevron deference doctrine, which dictates how much deference judges should give to federal agency regulations and executive branch decisions when interpreting ambiguous laws. A ruling against agency power could significantly limit federal regulators' authority and impact policymaking under the Biden administration and beyond, with potential implications for a wide range of federal government policies.