September 20, 2013
by Sarah Steers
The separation of powers doctrine incorporated into the US Constitution includes the ability to declare and enter war. Article I, Section 8 of the Constitution gives Congress the ability to declare war. Article II, Section 2 grants power of the US armed forces to the President as Commander-in- ...[read more]
August 13, 2013
by Endia Vereen
Lawyers for the Pennsylvania Department of Health and Governor Tom Corbett argued In a legal filing on Monday that a Montgomery County Register of Wills decision to issue marriage licenses to same-sex couples is a separation-of-powers violation that "risks causing serious and limitless harm" in ...[read more]
July 20, 2013
by Zachariah Rivenbark
Following the fallout of the Watergate scandal, the nation's leaders sought legislative means of curbing the corruption that riddled political campaigns. The avenue of such an attack was centered on restrictions of financial contributions to political candidates. Following the passage of FECA in ...[read more]
May 27, 2013
by Zachariah Rivenbark
On May 27, 1935, the US Supreme Court decided A. L. A. Schechter Poultry Corp. v. United States, holding that the National Industrial Recovery Act was unconstitutional. The Court held the Act unconstitutional in part because Congress violated the separation of powers by bestowing the president ...[read more]
February 25, 2013
by Sarah Posner
UN Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul said Sunday that lawyers and judges in the Maldives are not adequately independent from outside influence. The special rapporteur pointed to the power struggle between parliament, the government and the judiciary, as ...[read more]
February 8, 2013
by Alison Sacriponte
The Arkansas Senate on Thursday approved revisions to the state's lethal injection law. The Arkansas Supreme Court struck down the 2009 version of the law last year, finding that a provision allowing the state department of corrections to choose the drug for lethal injection violates the ...[read more]
June 23, 2012
by Max Slater
The Supreme Court of Arkansas ruled on Friday that a state law passed in 2009 that gives the Arkansas Department of Correction (ADC) authority to administer lethal injection drugs of its choice during executions unconstitutionally violates the separation of powers in the Arkansas constitution. In ...[read more]
February 6, 2012
by Cynthia Miley
On February 6, 2009, Italian President Giorgio Napolitano refused to sign a governmental decree intended to stop the removal of Eluana Englaro's feeding tube. Englaro had been in a coma since an automobile accident in 1992, and her father, Beppino Englaro, had been fighting to have her feeding ...[read more]
September 6, 2011
by Clay Flaherty
On September 6, 2007, the US District Court for the Southern District of New York ruled that the practice of issuing National Security Letters (NSLs) pursuant to the reauthorized USA Patriot Act require judicial review. US District Judge Victor Marrero issued the decision of the court, which ...[read more]
July 16, 2011
by Jonathan Cohen
JURIST Contributing Editor Benjamin Davis of the University of Toledo College of Law, joined by JURIST Guest Columnists Michael Duff of the University of Wyoming College of Law, Craig Jackson of Texas Southern University Thurgood Marshall School of Law and Leland Ware of the University of ...[read more]

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