usurpation of authority

2478 results for usurpation of authority

vLex Rating
  • ; Unauthorized 'Star Chamber' Will Dismiss Illegal Alien Deportations

    WASHINGTON, Oct. 31, 2011 /PRNewswire-USNewswire/ -- In a letter addressed to members of the Senate Appropriations Subcommittee on Homeland Security, the Federation for American Immigration Reform (FAIR) calls upon the panel to "exercise its authority, including the power of the federal purse strings, to reassert its constitutional prerogatives over U.S. immigration policy." More than...

  • Congress Takes Aim at States' Rights

    Conservative Republicans like to proclaim that they are champions of states' rights, except, of course, when they are not. Case in point: the federal usurpation of state authority in the National Right-To-Carry Reciprocity Act that passed the House of Representatives last week. This misguided law would force every state that allows any of its residents to carry concealed firearms to honor...

  • Obama Bypasses Congress, Declares Dream Act Now in Effect

    WASHINGTON, June 15, 2012 /PRNewswire-USNewswire/ -- Today the Obama administration announced a brazen usurpation of Congressional authority by using executive power to implement the DREAM Act. Effective immediately, the Department of Homeland Security (DHS) will grant deferred action and possible work authorization to certain illegal aliens under the age of 30 who arrived in the U.S. before 16...

  • Gop Needs to Start Talking About Epa Reform Now ; Regulations Are Stifling U.S. Economy

    One issue that has been noticeably absent from the Republican platform this election season is any discussion of the Obama Environmental Protection Agency (EPA). It didn't even come up at the Republican National Convention a couple of weeks ago. If the omission was an oversight, it was a big one. If it was intentional, it's cause for concern. The EPA has spent the better part of its 42-year...

  • Peddling Fear

    The U.S. Senate shouldn't support a measure that would eliminate the only effective tool America has to punish terrorists. At one o'clock in the morning Friday, in one of its rushes to get out of work and back to fund-raising, the U.S. Senate took up a measure to strip the Justice Department of the power to charge and try any non-American terrorism suspect captured anywhere in the world. It was...

  • Bad Orchard

    The 372nd MP Company arrived at Abu Ghraib in early October 2003, part of the 800th MP Brigade under the command of Brigadier General Janis Karpinski, who oversaw U.S. prisons in Iraq. Brent Pack, a military investigator who matched photos to events and created a time sequence for the prosecutors, and Tim Dugan, an experienced civilian interrogator working at Abu Ghraib, who takes his distance...

  • Fifty Talk Radio Hosts, Members of Congress, and Law Enforcement Gather for Live Capitol Hill Immigration Broadcast May 8 and 9

    WASHINGTON, May 7, 2012 /PRNewswire-USNewswire/ -- Fifty talk radio hosts from around the nation will broadcast their programs from the Phoenix Park Hotel on Capitol Hill on May 8 and 9, discussing immigration policy with members of Congress, state legislators, law enforcement officials, and other policy experts. Hold Their Feet to the Fire 2012 is organized by the Federation for American...

  • Appellate Division, 4th Department Case Summaries: August 22, 2013

    'Stun Belt Mode of ProceedingsPeople v. SchrockKA 11-00358Appealed from Cattaraugus County CourtBackground: The defendant was convicted at a jury trial of two counts of attempted murder, among other felonies, for attempting to shoot and run over a sheriff's deputy. On appeal, he contended he was improperly restrained at trial by the sheriff with a stun belt. The trial court had ruled that the...

  • Grupo Mexicano de Desarrollo, S. A. v. Alliance Bond Fund, Inc., 527 U.S. 308 (1999)

    ...Pp. 313-318. 2. The District Court lacked the authority to issue a preliminary injunction preventing petitioners from disposing of their assets pending ...B. Contrary to the Court's suggestion, see ante, at 332, this case involves no judicial usurpation of Congress' authority. Congress, of course, can instruct the federal courts to issue preliminary ...

  • War Isn't Obama's to Declare

    Any military attack President Obama orders on Syria that is not in response to a Syrian attack on the United States or done in order to stave off such an attack would be unconstitutional as an usurpation of Congress' war-making powers ("Senators agree on Syria resolution granting Obama strike authority," Web, Sept. 3). These powers were made the sole province of Congress in Article I,...

  • Entangling Alliances

    I share Bruce Fein's concern about presidents forming defensive alliances without the approval of the Senate ("Constitutional curiosity," Commentary, Dec. 30). This is clearly unconstitutional and extremely dangerous. Besides the usurpation of Senate authority, has anybody noticed to what extent we are replicating the pre-World War I system of interlocking alliances? The bigger they get,...

  • Court Assails Public Virtue

    In approving same-sex marriage, the California Supreme Court has imposed its will over the voice of the citizens and has struck a blow to public virtue. The judiciary's constitutional duty is to interpret and uphold the law, not to make law. The court's usurpation of legislative authority is a form of tyranny. The Declaration of Independence states that our unalienable rights are endowments from...

  • Highlights From the Majority Leader's Pen and Pad Briefing; Delay Addresses Protecting Marriage, Doma, and Senate Intelligence Report

    WASHINGTON, July 14 /U.S. Newswire/ -- House Majority Leader Tom DeLay (R-Texas) today held his weekly meeting with the press to discuss the Republican legislative agenda. Below are excerpts from the briefing. On Protecting Marriage: "I think it is a shame that the debate has been forced on us by the arrogance of the Massachusetts Supreme Court. But Congress has now been put in a position...

  • Bond v. United States, 572 U.S. (2014)

    ... The States have broad authority toenact legislation for the public good-what we have oftencalled a "police power." United States ... Government as a means of preserving liberty.To the extent that Holland authorizes such usurpation oftraditional state authority, Bond says, it must be eitherlimited or overruled. The Government ...

  • The Common European Sales Law's Compliance with the Subsidiarity Principle of the European Union

    The European Union is considering a proposal to create a uniform sales law that would apply to cross-border sales agreements: the Common European Sales Law (CESL). If adopted, the CESL would be an optional instrument: traders could write their contracts with other traders and consumers to make the CESL govern their sales contracts. This Comment addresses whether the CESL complies with the EU's...

  • Abstention, Separation of Powers, and Recasting the Meaning of Judicial Restraint

    In his 1984 landmark article, Abstention, Separation of Powers, and the Limits of the Judicial Function, Professor Martin H. Redish advanced the thesis that the abstention doctrines constituted a violation of separation of powers. Redish's theory was, and is, controversial. The suggestion that an embedded area of federal courts law is unconstitutional is, at the least, highly provocative. It is...

  • Calming Unsettled Waters: A Proposal for Navigating the Tenuous Power Divide Between the Federal Courts and the Uspto Under the America Invents Act

    Even if such challenges face an uphill battle, there will be no shortage of prospective inventors and patentees willing to take up the fight.292 The USPTO must still expend manpower and resources even if it wins every time. [...]compared to a scenario that checks overbroad rulemaking by the USPTO, allowing substantive rulemaking authority will lead to efficiency losses on at least two fronts:...

  • Section 1: Legislative Powers

    ...The impeachment power gives to Congress the authority to root out corruption and abuse of power in the other two branches. And so on. . Judicial ... increase its own power at the expense of the executive nor did it constitute a judicial usurpation of executive power. Moreover, the Court stated, the law did not "impermissibly undermine" the ...

  • Furman v. Georgia, 408 U.S. 238 (per curiam) (1972)

    ..."and, in either case, whether Congress should exercise its authority under section 5 of the fourteenth amendment to prohibit the use of the death penalty.". There is ... grants of authority to each branch of the government in order to counteract and prevent usurpation on the part of the others. This philosophy of the Framers is best described by one of the ablest ...

  • 'All' Means All: The Attorney-Client Privilege And Corporate Mergers In Delaware.

    ...-client privilege.3 Second, citing the proper separation of powers and a desire to avoid usurpation of legislative authority, the court refused to claim authority to fashion a judicially created ...

  • 'All' Means All: The Attorney-Client Privilege And Corporate Mergers In Delaware

    ...-client privilege.3 Second, citing the proper separation of powers and a desire to avoid usurpation of legislative authority, the court refused to claim authority to fashion a judicially created ...

  • Bush v. Gore, 531 U.S. 98 (per curiam) (2000)

    ...Rejecting the Circuit Court's conclusion that Palm Beach County lacked the authority to include the 215 net votes sub-. [Page 103] . mitted past the November 26 deadline, the Supreme ... statutory change so misguided as no longer to qualify as judicial interpretation or as a usurpation of the authority of the state legislature. Indeed, other state courts have interpreted roughly ...

  • Aurum Asset Mgr LLC v. Bradesco Companhia De Seguros, (3rd Cir. 2011)

    ... District Court's confirmation of an arbitration award constitutes an "egregious" "clear usurpation of power." We disagree. Such a standard is inapplicable in this case. Rule 60(b)(4) provides that ...371, 374-78 (1940)). In other words, one of the reasons there was no clear usurpation of authority in Marshall was that the parties had appeared and litigated the issue of jurisdiction. This ...

  • In the Name of Custom, Culture, and the Constitution: Korean Customary Law in Flux

    The 1875 law declaring custom to be a source of law provided an important respite to this situation by allowing judges considerable latitude in deciding cases." Because Japan did not have a written collection or a codified body of customary law, it was far from clear what custom was.14 Japanese legislators and scholars were notoriously oblivious of the distinction between custom and...

  • Seventh Amendment: Civil Trials

    ... in Which the Guarantee Applies .-The Amendment governs only courts which sit under the authority of the United States, including courts in the territories and the District of Columbia, and does ... frequently couched by the majority in terms of protecting the function of the jury from usurpation by judges intent on subverting and limiting remedial legislation enacted by Congress, and by the ...