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Topic: Legislative power

Ads by Google      Veto - Wikipedia, the free encyclopedia The legislative veto, by which Congress had nullified certain exercises of powers the body had delegated to the executive branch, was ruled unconstitutional by the United States Supreme Court in INS v. In Westminster Systems and most constitutional monarchies, the power to veto legislation by withholding the Royal Assent is a rarely-used reserve power of the monarch, representative of the monarch, or figurehead president who has replaced the monarch. The veto power in the United States Constitution was derived from the British concept of Royal Assent. http://en.wikipedia.org/wiki/Veto      WorldNetDaily: Alan Keyes Just as the separation of powers principle precludes legislative efforts to decide particular cases before the judiciary, so it precludes any judicial claim to decide conclusively for the executive how he fulfills the duty to defend the integrity of constitutional self-government, including of course the rights of individual citizens. Any legislative action that simply reverses judicial judgment in a particular case is on the face of it unconstitutional. In the end, the constraint of judicial abuse is especially the responsibility of the executive branch of government, since the executive has both the opportunity and the obligation to act without the interference of the judiciary, provided that in doing so he consults the political will of the legislative power. http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=43472   (5586 words)      The End of Democracy? Moreover, legislative, executive, and judicial officers in the states are ordered by the Court to prevent the application of laws and policies of citizens on no other ground than the citizen's moral or religious motivations. It can be pointed out that this is a reckless kind of polity-allowing the Court to define the nature and scope of political power on an ad hoc basis, without benefit of the debates of a legislative assembly or a constitutional convention, and without the contest of facts typical of an ordinary trial court. The federal courts have shifted the power to themselves as branches of the federal government, and politicized the issue at a new level of significance. http://www.firstthings.com/ftissues/ft9611/articles/eodmaster.html   (16305 words)      The Notwithstanding Clause of the Charter (BP194e) In effect, parliamentary sovereignty is revived by the exercise of the override power in that specific legislative context. It may thus be argued that a legislative override, by allowing final political decisions to be made by the elected representatives, mitigates the politicization of the courts. Such a use of the notwithstanding power must be contained in an Act, and not subordinate legislation (regulations), and must be express rather than implied. http://www.parl.gc.ca/information/library/PRBpubs/bp194-e.htm   (16305 words)      Carrese903.htm In particular, Carrese reminds us that Montesquieu was the first theorist to propose an important judicial branch and function institutionally discrete from the legislative and executive powers and that Locke, in contrast to Montesquieu, considered judicial power to be a mere sub-set and institutional sub-division of legislative power. Notably, Montesquieu’s conception of reformist power “cloaked” in the guise of mere judicial application of the law is positioned within the uncontested judicial function of interpreting legislation and resolving questions of fact, with no mention of any power to invalidate legislation in conflict with fundamental law, as in American judicial review. In Carrese’s view, the principal explanation for the growth of the judicial power B and the transformation in judging and legal interpretation that accompanied it B can be found in the proto-legal realism of Oliver Wendell Holmes and its broad diffusion throughout the legal culture by the mid-twentieth century. http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/Carrese903.htm   (1933 words)      AGO 1995 No. 012   The exercise of the veto power, and of the legislative override of a veto, was set forth as follows in the original 1889 constitution:   Fifth, either during or after the legislative session, the governor can exercise a partial veto, which is subject to override in the same manner as a bill vetoed in its entirety. 26 concluded that the legislature was not constitutionally required to override during the regular session, reasoning from the absence of any specific constitutional time limit on an override action. http://www.atg.wa.gov/opinions/1995/opinion_1995_012.html   (1933 words)      America's Debate -> Balancing the Power of the Judiciary If courts are becoming too powerful, there are legislative means of addressing this, which is how the system is supposed to work. Yet, they have grasped power away from the legislative (and executive) branches and both created and destroyed legislation on dubious grounds (mainly political and social engineering justifications). The problem with your view, Hobbes, is that you accept that five justices have absolute power to say what the constitution means with no requirement that the interpretation be linked to the text of the constitution itself. http://www.americasdebate.com/forums/index.php?showtopic=10345   (1933 words)      How the Reserve Powers Work by Sir John Young His only personal power is what is known as the reserve power which for present purposes may be described as the power to dismiss a Premier who, for instance, lost an election and refused to resign or who proposed to act illegally. In Australia of course we have a written constitution but some of the constitutional powers of the Queen and her Governor-General are not codified in the constitution but remain unwritten and the subject of convention. The disappearance of the reserve power upon becoming a republic (unless specifically enacted) highlights to my mind the absurdity of considering how a Head of State should be chosen or appointed without first deciding what powers the Head of State is to have or to exercise. http://www.ausconstitution.org/reserve_powers.php3?pf=1   (2526 words)      Oregon Judicial Department Appellate Court Opinions Relator contends that the failure to adjudicate those cases violates the Oregon Constitution's requirement that there be a separation of powers exercised by the legislative and judicial branches of state government. This court has not, however, previously determined whether that inherent power extends so far as to permit this court to order the legislative branch to appropriate an amount of money deemed by this court to be minimally necessary to support this court's core functions. Relator alleges that the legislative branch presently has failed to provide such levels of funding and that, as a result, the judicial branch is being prevented from performing its core functions (including trying criminal cases involving indigent accused defendants). http://www.publications.ojd.state.or.us/S50164.htm   (1274 words)      Notwithstanding clause - ArtPolitic Encyclopedia of Politics : Information Portal The "override power" or "nothwithstanding clause" is the name of the legislative power under section 33 of the Canadian Charter of Rights and Freedoms in the Constitution of Canada. Some legal scholars have argued the clause may even become a lapsed power[?] if not used, and will be excluded from use by the large part of Canada's constitution which is unwritten. Essentially, using it to negate any federal/provincial or judicial review by overriding the Charter protections for a limited period of time. http://www.artpolitic.org/infopedia/ov/Override_power.html   (1274 words)      TREATIES: A SOURCE FOR FEDERAL MUNICIPAL POWER by Lowell Becraft All the courts are authorized to do when the constitutionality of a legislative act is questioned is to determine whether Congress, under the Constitution as it is, possesses the power to enact the legislation in controversy; their power does not extend to the matter of expediency. Power to remove such obstacles to full recognition as settlement of claims of our nationals (Levitan, Executive Agreements, 35 Ill.L.Rev. 365, 382--385) certainly is a modest implied power of the President who is the 'sole organ of the federal government in the field of international relations.' United States v. Rahrer,140 U.S. 545, 554, 11 S.Ct. 865, 866 (1891) (the police power "is a power originally and always belonging to the states, not surrendered to them by the general government, nor directly restrained by the constitution of the United States, and essentially exclusive"); Union National Bank v. http://www.uhuh.com/laws/treatypo.htm   (1274 words)      QuickCode - Municipal Code of St. Charles County, MO, v16 [10, 2001] All legislative powers of the County shall be vested in the County Council.   The powers of the County under this Charter shall be construed liberally in favor of the County, and the specific mention of particular powers in this Charter or in any applicable law shall not be construed as limiting in any way the general powers stated in this Article. The executive power of the County shall be vested in a County Executive. http://www.win.org/county/stcharl.htm   (1274 words)      Polybius and the Founding Fathers: the separation of powers In Chapter 11 of Spirit of the Laws, Montesquieu proposes balance of power between “the legislative, the executive in respect to things dependent on the law of nations, and the executive in regard to matters that depend on civil law” The separation of powers, the concept that the legislative, judicial, and executive branches of government ought to be separate and distinct, is a central feature of the United States Constitution. The accumulation of all powers, legislative, executive, and judiciary, in the same hands whether of one, a few or many, and whether hereditary, self appointed, or elective, may justly be pronounced the very definition of tyranny. http://www.sms.org/mdl-indx/polybius/polybius.htm   (1274 words)      The nature, source, and scope of In holding that the sedition law was a valid exercise of the legislative power incidental to the executive power under s.61 to "maintain this Constitution", Latham CJ found that the notion of a national existence and identity could be implied within that phrase. It was not until the AAP Case, in 1974, that the concept of a nationhood power was clearly expressed by the Court. The concept of international personality as a source of power was perhaps implied in these cases with their reference to "national" government, but because of the nature of these cases, they necessarily concerned domestic matters. http://www.geocities.com/CollegePark/Stadium/5431/legal/np01.html   (2944 words)      Law professor discusses judicial review power of supreme court At the state level, judicial review -- the power of a court to declare a legislative act to be unconstitutional -- was only just emerging in the early years of the republic. They spent far more time debating the powers the new federal government would have, the composition of the federal Congress, the balance that ought to be struck between state and federal power, and the nature of the new federal executive. Whatever the justices may do in future cases, it is hard to imagine the Court as presently constituted declaring that there is no constitutional basis, in general, for some notion of personal privacy. http://www.arabicnews.com/ansub/Daily/Day/050504/2005050436.html   (1816 words)      The Avalon Project: Madison Debates : May 31 On the proposition for giving "Legislative power in all cases to which the State Legislatures were individually incompetent." Franklin who was understood to be partial to a single House of Legislation. Resolution "that the national Legislature ought to consist of two branches" was agreed to without debate or dissent, except that of Pennsylvania, given probably from complaisance to Docr. http://www.yale.edu/lawweb/avalon/debates/531.htm   (1816 words)      WorldNetDaily: Bill would give governors absolute power According to a summary of the "Model State Emergency Health Powers Act" by the legislative research arm of the Home School Legal Defense Association, a home-schooling rights organization, the proposed legislation could give governors the kind of absolute power during a health emergency once reserved only for kings, queens and dictators. Essentially, the measure grants "emergency powers to the state governors and public health authorities during a declared 'state of public health emergency,'" the analysis said. For example, he said, state lawmakers should assess whether absolute power should be exercised by a governor for every health emergency. http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=25993   (1654 words)      Override the Supreme Court? - The Washington Times: Commentary - May 23, 2004 In fact, in the "Federalist Papers," Alexander Hamilton wrote that the powers of Congress provide "a complete security [against] the danger of judiciary encroachments on the legislative authority." Hamilton was anticipating the Supreme Court might become another legislature with this difference: its members have life tenure. The writers of the Constitution did not intend to give the Supreme Court or the lower courts the power they have assumed almost from the beginning of the Republic. There is nothing the courts can do about it because neither the chief executive nor the Supreme Court can interfere with the impeachment powers of Congress. http://www.washtimes.com/commentary/20040522-102507-1868r.htm   (1654 words)      The Claremont Institute: Tipping The Scales The second way of developing Montesquieu's cloaked judicial power is found in Oliver Wendell Holmes, Jr.'s "openly positivist, legislative, and evolutionary conception of judging," in which Montesquieuan conceptions of moderation and separation of powers and any traces of Coke's and Blackstone's moderating common law liberalism are repudiated. The author of Commentaries on the Laws of England understood Montesquieu's project of "quietly elevating judicial power and redefining liberalism in juridical terms." A stable, enduring constitutionalism based on separation of powers protects liberty, and the legal prudence of the judiciary best understands how to protect "natural right" for individuals in specific cases. And he demonstrates, as well, that sound judgment on issues of judicial power and individual rights depends on a careful balance of "complex constitutionalism, the rule of law, and principles of natural right." http://www.claremont.org/writings/crb/winter2003/wolfe.html   (1539 words)      veto The veto power vested in the President by Article I, Section 7 of the Constitution has proven to... A Pocket Veto is when the President fails to sign a bill within the 10 days allowed by the Constitution. Vote against; refuse to endorse; refuse to assent; "The President vetoed the bill". http://www.jointctr.org/?Category=veto   (1539 words)      Oregon Nixes MOX - HB 3640 (6) In 1895, the Legislative Assembly resolved that Oregon should have all legal rights in matters affecting the Hanford Nuclear Reservation, including party status in the Hanford tri-party agreement that governs the cleanup of the reservation The Legislative Assembly and the people of the State of Oregon The Legislative Assembly and the people of the State of Oregon find that: http://www.hanfordwatch.org/archive/HB3640.htm   (417 words)      definition of veto Such a power may be absolute, as in the case of the Tribunes of the People in ancient Rome, or limited, as in the case of the President of the United States. Absolute, Act, Ancient, As, Authority, Be, Bill, Case, Chief, Document, Executive, Exercise, Government, In, Is, Its, Law, Legislature, May, Message, Negative, One, Or, Out, People, Possessed, President, Prohibition, Right, Rome, To, United, Vested, Veto To prohibit; to negative; also, to refuse assent to, as a legislative bill, and thus prevent its enactment; as, to veto an appropriation bill. http://www.brainydictionary.com/words/ve/veto237274.html   (417 words)      Administrative Law - Lesson 3 Legislative Oversight Certainly is a problem with the Legislative Veto prohibition under Chadha. The constitutionality of legislative vetoes was the subject of a ruling by the Supreme Court in a landmark case in 1983, styled Instead of Legislative Veto, Congress should pass a requirements that the Acts must be Affirmatively Confirmed by law. http://www.wku.edu/Government/adlaws2kL3.html   (417 words)      village voice > news > Ashcroft's New Ally by Chisun Lee The measure would ultimately "redefine 'foreign power' as a foreign person," said ACLU legislative counsel Timothy Edgar, and potentially subject noncitizens to invasive surveillance based merely on their nationality. To the consternation of the American Civil Liberties Union, the Center for Constitutional Rights, and Human Rights Watch, among others, the senator is spearheading a bill that would enable federal agents to more easily monitor individuals in the U.S. using powerful foreign intelligence surveillance warrants. The Justice Department later told Congress that FBI agents and lawyers had been confused by the "foreign power" link requirement and therefore hesitated to obtain a FISA warrant to examine Moussaoui intensively. http://www.villagevoice.com/issues/0316/lee2.php   (417 words)      PARAMETERS, US Army War College Quarterly - Summer 1997 The National Security Council will assess and appraise the objectives, commitments, and risks of the United States in relation to our actual and potential military power, in the interest of national security, for the purpose of making recommendations to the President in connection therewith. As we begin a new century and face new challenges and dangers, it is appropriate to remember that the perception of national power rests on a combination of actual and potential strengths and weaknesses. Where and as necessary, factor potential military power into operational planning and be prepared to come forward to the President and the Congress with recommendations for correcting known force deficiencies as justified by warning indicators--in effect, readopt the policy of Graduated Mobilization Response. http://carlisle-www.army.mil/usawc/Parameters/97summer/gutmanis.htm   (10474 words)      THE POWER OF SEPARATION: AMERICAN CONSTITUTIONALISM AND THE MYTH OF THE LEGISLATIVE VETO CHADHA (1983), the case in which the Supreme Court ruled that all legislative vetoes are unconstitutional because they violate basic separation of powers principles. Most significantly for legal scholars, she argues against the "unexamined belief built into Justice White’s Wilsonian dissent (in CHADHA), that American government cannot adapt to changing political circumstances unless it undergoes amendments to the procedures that separate executive and legislative power" (p. Professor Korn boldly attempts to shatter many of the conventional ideas in the academy about the use of legislative vetoes and the role of the Supreme Court in stopping them. http://www.unt.edu/lpbr/subpages/reviews/korn.htm   (10474 words)      Hatch group may go ‘nuclear’ on judges=TheHill.com= Hatch believes the Senate has a right to set its own rules — in this case the right to filibuster — for the legislative calendar but not for the executive calendar because that would entail imposing Senate rules on the executive branch and would violate the Constitution’s separation of powers. However, with few exceptions, Senate Republicans view the filibuster of circuit court nominees, a tactic that until recently was rarely used, as an abuse of minority power. Democrats are filibustering Bush’s nominations of Miguel Estrada and Priscilla Owen to the U.S. Court of Appeals for the D.C. Circuit and the 5th Circuit Court of Appeals, respectively. http://www.hillnews.com/news/050703/hatch.aspx   (10474 words)      San Diego tries to undo the damage / THE PLAN: Regional public power Moreover, he said, he could not see how San Diego would win legislative backing for regional public power when state authorities, including the governor, were counting on revenue from all customers to back California's multibillion-dollar bond offering. Meanwhile, in case Wyland's bill is defeated, a separate legislative effort is taking shape to expand the San Diego water authority's jurisdiction to include electricity. San Diego power rates subsequently were limited by state regulators to restore stability to the local market -- but not before many residential and business customers saw their monthly bills go through the roof. http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2001/07/24/MN190387.DTL&type=printable   (1086 words)      Oregon State Politics The Legislative Assembly in Oregon, a hybrid legislature, seems to suffer somewhat proportionally from the "Sick Legislature Syndrome." There has been partisan infighting, and on top of impeding the legislature day-to-day, it has turned the public away from the legislature and toward the ballots and the judiciary to legislate. The Legislative Assembly in Oregon faces some fairly standard issues in this term: budgeting, schools, health care, transportation, etc. But the Oregon legislature is also suffering from a "crisis of confidence", as the public has expressed a vast mistrust of the legislature. The result has been a loss in power of the legislature vis-a-vis the judicial and executive branches. http://www.skidmore.edu/~m_bohene/oregon_legislative_assembly.htm   (760 words)      Amazon.com: Books: Balance of Power : A Novel The executive branch was given the power to wage war; the legislative branch was given to power to control the purse strings. Researching it, he finds that the power was formerly used to grant legal authority to armed merchantmen in times of war, authorizing private ships to act as war ships. The issue of the letter of marque is not one of 'Balance of Power as implied by Mr Huston, but of 'Separation of Power'. http://www.amazon.com/exec/obidos/tg/detail/-/0380731592?v=glance   (760 words)

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