Sentences with phrase «of federal judicial power»

Not exact matches

Trump has harshly criticized the federal judge in Washington for his decision and a top White House aide on Sunday accused the 9th Circuit of a «judicial usurpation of power.»

According to the standard account of the matter, the power of judicial review — that is, the authority of the federal judiciary to invalidate acts of Congress and the President when they are deemed to be unconstitutional — came to be entrenched in our law by the acceptance, tacit or otherwise, of the Supreme Court's ruling in the 1803 case of Marbury v. Madison.

What we object to is, first, the judicial manufacture of constitutional law to displace without constitutional warrant the duly enacted judgments of the people and their elected representatives, and, second, the idea of judicial supremacy that treats the executive and legislative branches of the federal government as impotent to do anything but bow down before unconstitutional exercises of judicial power, however blatant and destructive of the constitutional order.

This vesting clause, along with the Executive and Judicial Branches deliniates a clear separation of powers in the federal government.

Judicial review is the power of the Court to examine federal legislation, federal executive, and all state branches of government, to decide their constitutionality, and to strike them down if found unconstitutional.

That doctrine, he wrote, permits «executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers» design.

Marbury discerned the power of judicial review in the federal constitution in 1803, but no court attempted to find a constitutional definition of educational adequacy until 1989.

Perhaps not surprisingly, this issue was decided in 1897 by the Judicial Committee of the Privy Council when the federal government challenged upstart Ontario's power to award QCs.

mere judicial power, upon the other departments of this Government and the States of this Union the recognition of the existence of nations and States within the limits of both, possessing dominion and jurisdiction paramount to the Federal and State Constitutions.

Todd & Weld filed suit on behalf of Judge Kendall in federal court challenging the removal proceedings as unconstitutional on separation of powers grounds as an illegal encroachment by the legislative and executive branches of government on the inherent right of the judicial branch of government to monitor and review judicial conduct.

«The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia....»

«This report also discusses the arguments that have been presented by proponents and opponents of electronic media coverage of federal court proceedings, including the possible effect on judicial proceedings, separation of powers concerns, the purported educational value of such coverage, and possible security and privacy concerns.

In the Federal Court system, prothonotaries — full judicial officers who exercise many of the powers and functions of judges — are employed, at a pay rate of about 70 per cent of what superior court judges make.

Texas: bill removes power of State Commission on Judicial Conduct to discipline judges who refuse to follow federal court rulings; claims state judges have free speech right to refuse to obey federal court rulings

«The Committee's review of Judge Roberts's writings and public statements, however, has raised concerns about the impact of Judge Roberts's judicial philosophy in three broad areas essential to women's rights: (1) the use of state and federal power, (2) laws that have a substantial impact on women, and (3) federal laws intended to protect against discrimination based on sex.»

This being a fundamental law of the Federal Government, it rests mainly for its execution, as has been held, on the judicial power of the Union, and so far as the rendition of fugitives from labor has become a subject of judicial action, the Federal obligation has been faithfully discharged.

The judicial power of the US is ultimately vested in one Supreme Court pursuant to Article III of the federal Constitution.

A sharply divided national federal judicial discipline committee ruled 3 to 2 in late April that it had no power to sanction Real, 81, because the chief judge of the U.S. 9th Circuit Court of Appeals failed to properly investigate the complaint.

Enforcing limits on the power of government, as judicial review does, and perhaps especially enforcing limits set up by federal constitutions, insofar as they circumscribe the powers of centralized governments, helps preserve foot - voting and market - choice opportunities.

(a) In enacting § 2 of the federal Act, Congress declared a national policy favoring arbitration and withdrew the power of the states to require a judicial forum for the resolution of claims that the contracting parties agreed to resolve by arbitration.

In enacting § 2 of the federal Act, Congress declared a national policy favoring arbitration and withdrew the power of the states to require a judicial forum for the resolution of claims which the contracting parties agreed to resolve by arbitration.

(That doesn't mean they can't hear a case if it falls within the federal judicial power, but they can only hear it if they have some other source of authority to do so).

Over the past year I've written about the Emoluments Clause; the No Religious Tests clause; limits on presidential power as defined in the steel seizure case; the meaning of the oath of office; how the Appropriations Clause constrains lawsuit settlements involving the federal government; how and whether gerrymandering by race and for partisan advantage affects constitutional rights; judicial independence; the decline and fall of the Contracts Clause; the application of Obergefell to issues of public employees and birth certificates; Article V procedure for calling a new constitutional convention; and too many First, Second, Fourth, and Fifth Amendment controversies to list.

The context in which the interaction between the parties is to occur clearly goes beyond that of «negotiation and mediation pursuant to a «special» process provided under the Act», (57) to a process whereby the State itself appears to usurp the Federal Court's judicial power under s 94A, that is, that the State can make a judgment on whether the claimants have established the elements of s 225.

A judge, Judicial Registrar, Registrar, Federal Magistrate or magistrate, who is hearing child - related proceedings in Chambers, has all of the duties and powers that a court has under this Division.

(3) To avoid doubt, a judge, Judicial Registrar, Registrar, Federal Magistrate or magistrate who exercises a power under subsection (1) in relation to proceedings is not, merely because of having exercised the power, required to disqualify himself or herself from a further hearing of the proceedings.