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Gennadij [26K]
3 years ago
5

Challenges of separation of power

Law
1 answer:
Scrat [10]3 years ago
6 0
In several Supreme Court decisions this decade, the question of whether a constitutional attack on a statute should be considered “as applied” to the actual facts of the case before the Court or “on the face” of the statute has been a difficult preliminary issue for the Court. The issue has prompted abundant academic discussion. Recently, scholars have noted a preference within the Roberts Court for as-applied constitutional challenges. However, the cases cited as evidence for the Roberts Court’s preference for as-applied challenges all involve constitutional challenges which concede the legislative power to enact the provision but nevertheless argue for unconstitutionality because the statute intrudes upon rights or liberties protected by the Constitution. Of course, this is not the only type of constitutional challenge to a statute; some constitutional challenges attack the underlying power of the legislative branch to pass the statute in question. Modern scholarship, however, as well as the Supreme Court, has mostly ignored the difference between these two different types of constitutional challenges to statutes when discussing facial and as-applied constitutional challenges. In glossing over this difference, considerations which fundamentally affect whether a facial or as-applied challenge is appropriate have gone unnoticed. By clearly distinguishing between these two very different types of constitutional challenges, and the respective role of a federal court in adjudicating each of these challenges, a new perspective can be gained on the exceedingly difficult question of when a facial or as-applied challenge to a statute is appropriate. In this Article, I argue that federal courts are constitutionally compelled to consider the constitutionality of a statute on its face when the power of Congress to pass the law has been challenged. Under the separation of powers principles enunciated in I.N.S. v. Chadha and Clinton v. New York, federal courts are not free to ignore the “finely wrought” procedures described in the Constitution for the creation of federal law by “picking and choosing” constitutional applications from unconstitutional applications of the federal statute, at least when the statute has been challenged as exceeding Congress’s enumerated powers in the Constitution. The separation of powers principles of I.N.S. and Clinton, which preclude a “legislative veto” or an executive “line item veto,” should similarly preclude a “judicial application veto” of a law that has been challenged as exceeding Congress’s Constitutional authority.
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What fraction of both houses must vote to override a veto?
barxatty [35]

Answer:

Two thirds of both houses must vote to override a veto.

Explanation:

The word veto comes from Latin and literally means 'forbid'. It is used to denote that a certain party has the right to unilaterally stop a certain piece of legislation. A veto, therefore, provides unlimited power to stop changes, but not to adopt them.

In the United States, the president has the ability to veto legislation that has passed through Congress, but this right is not absolute. A qualified majority of 2/3 of both houses can pass a law, even against a presidential veto; However, if the proposed law has only a simple majority, the president's veto is decisive.

3 0
3 years ago
Victoria Perez (18) will be claimed as a dependent on her parents' 2019 tax return. During the year, she earned $1,575 in wages
lapo4ka [179]

Answer:

$1,575

Explanation:

Calculation for the maximum amount that she may contribute to either a traditional or Roth IRA for the year 2019

Based on the information given the maximum or highest amount that she may contribute to either a traditional or Roth IRA for the year 2019 will be the amount of $1,575 reason been that a person or an individual which age is less than the age of 50 can have a maximum contribution of the amount of $6,000 for either a traditional or Roth IRA for the year 2019 in which it can not in any way exceeds the earnings and secondly Investment income are not contributed to IRA which means that in the case of Victoria the amount of $1,575 will be contributed to either a traditional or Roth IRA while the amount of $100 which was earned as a result of her interest from her saving account will not be contributed.

Therefore the maximum amount that she may contribute to either a traditional or Roth IRA for the year 2019 will be $1,575

8 0
3 years ago
Four (4) liabilities of incoming and outgoing partners​
Flauer [41]

Answer: The answer is provided below

Explanation:

The four liabilities of incoming and outgoing partners​ are:

1. person who is admitted as a partner to an existing firm apart from a limited partnership or an incorporated limited partnership doesn't by that particular admission alone become liable for anything which is done before the person becomes a partner.

2. A person admitted as a general partner into a limited partnership or an incorporated limited partnership that already exists does not by the admission alone become liable for things done before the individual became a general partner.

3. A partner who retires from a firm other than limited partnership or an incorporated limited partnership doesn't by the retirement alone cease to be liable for the partnership debts and the obligations that were incurred before the retirement of the partner.

4. A partner who retires from a limited partnership or an incorporated limited partnership

doesn't by the retirement alone cease to be liable for the liabilities of the firm that were incurred before the retirement of the partner for which the partner were liable.

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3 years ago
Be sure to answer at least one, or both, of the questions below in your response to the prompt. Explain your reasoning so that y
givi [52]

Answer:

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Explanation:

6 0
2 years ago
Please help ..<br> Which court completes the diagram
larisa86 [58]

Answer:

A. U.S. Circuit Court of Appeals

Explanation:

A is the answer. B is incorrect because the U.S. Circuit Courts (not to be confused with the CIRCUIT COURT OF APPEALS) were the direct predecessor to the Circuit Court of Appeals. C is incorrect because the question is asking about the federal court system, not the Floridian court system. D is incorrect because there is no such thing as U.S. District Courts of Appeals.

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2 years ago
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