Legislative Guide to Separation of Powers
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Federal Constitution of Malaysia
LAWS OF MALAYSIA REPRINT FEDERAL CONSTITUTION Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 Laws of Malaysia FEDERAL CONSTITUTION First introduced as the Constitution … 31 August 1957 of the Federation of Malaya on Merdeka Day Subsequently introduced as the … … 16 September 1963 Constitution of Malaysia on Malaysia Day PREVIOUS REPRINTS First Reprint … … … … … 1958 Second Reprint … … … … … 1962 Third Reprint … … … … … 1964 Fourth Reprint … … … … … 1968 Fifth Reprint … … … … … 1970 Sixth Reprint … … … … … 1977 Seventh Reprint … … … … … 1978 Eighth Reprint … … … … … 1982 Ninth Reprint … … … … … 1988 Tenth Reprint … … … … … 1992 Eleventh Reprint … … … … … 1994 Twelfth Reprint … … … … … 1997 Thirteenth Reprint … … … … … 2002 Fourteenth Reprint … … … … … 2003 Fifteenth Reprint … … … … … 2006 Federal Constitution CONTENTS PAGE ARRANGEMENT OF ARTICLES 3–15 CONSTITUTION 17–208 LIST OF AMENDMENTS 209–211 LIST OF ARTICLES AMENDED 212–229 4 Laws of Malaysia FEDERAL CONSTITUTION NOTE: The Notes in small print on unnumbered pages are not part of the authoritative text. They are intended to assist the reader by setting out the chronology of the major amendments to the Federal Constitution and for editorial reasons, are set out in the present format. Federal Constitution 3 LAWS OF MALAYSIA FEDERAL CONSTITUTION ARRANGEMENT OF ARTICLES PART I THE STATES, RELIGION AND LAW OF THE FEDERATION Article 1. Name, States and territories of the Federation 2. Admission of new territories into the Federation 3. Religion of the Federation 4. Supreme Law of the Federation PART II FUNDAMENTAL LIBERTIES 5. Liberty of the person 6. Slavery and forced labour prohibited 7. -
Will the Real Lawmakers Please Stand Up: Congressional Standing in Instances of Presidential Nonenforcement
PICKETT (DO NOT DELETE) 2/17/2016 12:23 PM Copyright 2016 by Bethany R. Pickett Printed in U.S.A. Vol. 110, No. 2 Notes and Comments WILL THE REAL LAWMAKERS PLEASE STAND UP: CONGRESSIONAL STANDING IN INSTANCES OF PRESIDENTIAL NONENFORCEMENT Bethany R. Pickett ABSTRACT—The Take Care Clause obligates the President to enforce the law. Yet increasingly, presidents use nonenforcement to unilaterally waive legislative provisions to serve their executive policy goals. In doing so, the President’s inaction takes the practical form of a congressional repeal—a task that is solely reserved for Congress under the Constitution. Presidential nonenforcement therefore usurps Congress’s unique responsibility in setting the national policy agenda. This Note addresses whether Congress has standing to sue in instances of presidential nonenforcement to realign and reaffirm Congress’s unique legislative role. In answering this question, this Note examines legislative standing precedent and argues that the Supreme Court’s reasoning supports a finding of congressional institutional standing. This Note further contends that it is normatively preferable for the judiciary to police the boundaries of each branch of government in instances of executive nonenforcement and apply the Constitution’s mandate that the President take care that the laws be faithfully executed. This maintains separation of powers and prevents one branch from unconstitutionally aggregating the power of another. AUTHOR—J.D. Candidate, Northwestern University School of Law, 2016; B.A., magna cum laude, The King’s College, 2012. Thank you to everyone on the Northwestern University Law Review who provided substantial feedback and improved this Note immeasurably. I am also overwhelmingly grateful to my family who has encouraged me in everything, and has been patient with me despite my work over countless holidays. -
File Its Certiorari Petition Until August 2020,1 and Therefore This Court Likely Would Not Determine Whether to Grant Or Deny That Petition Until at Least
No. 19A1035 IN THE Supreme Court of the United States _______________ UNITED STATES DEPARTMENT OF JUSTICE, Applicant, v. COMMITTEE ON THE JUDICIARY OF THE UNITED STATES HOUSE OF REPRESENTATIVES _______________ On Application for Stay of the Mandate of the United States Court of Appeals for the District of Columbia Circuit _______________ OPPOSITION TO APPLICATION FOR A STAY OF MANDATE _______________ Annie L. Owens Douglas N. Letter Joshua A. Geltzer Counsel of Record Mary B. McCord Todd B. Tatelman Daniel B. Rice Megan Barbero INSTITUTE FOR CONSTITUTIONAL Josephine Morse ADVOCACY AND PROTECTION Adam A. Grogg Georgetown University Law Center Jonathan B. Schwartz 600 New Jersey Avenue N.W. OFFICE OF GENERAL COUNSEL Washington, D.C. 20001 U.S. HOUSE OF REPRESENTATIVES (202) 662-9042 219 Cannon House Building [email protected] Washington, D.C. 20515 (202) 225-9700 [email protected] Counsel for Committee on the Judiciary of the United States House of Representatives TABLE OF CONTENTS STATEMENT ................................................................................................................. 3 ARGUMENT .................................................................................................................. 9 I. This Court Should Deny A Stay Of The Mandate Pending Certiorari ............. 9 A. DOJ Cannot Show A Reasonable Probability That This Court Will Grant Certiorari ..................................................................................... 10 B. DOJ Cannot Establish A Fair Prospect That -
Democracy in the United States
Democracy in the United States The United States is a representative democracy. This means that our government is elected by citizens. Here, citizens vote for their government officials. These officials represent the citizens’ ideas and concerns in government. Voting is one way to participate in our democracy. Citizens can also contact their officials when they want to support or change a law. Voting in an election and contacting our elected officials are two ways that Americans can participate in their democracy. Voting booth in Atascadero, California, in 2008. Photo by Ace Armstrong. Courtesy of the Polling Place Photo Project. Your Government and You H www.uscis.gov/citizenship 1 Becoming a U.S. Citizen Taking the Oath of Allegiance at a naturalization ceremony in Washington, D.C. Courtesy of USCIS. The process required to become a citizen is called naturalization. To become a U.S. citizen, you must meet legal requirements. You must complete an interview with a USCIS officer. You must also pass an English and Civics test. Then, you take the Oath of Allegiance. This means that you promise loyalty to the United States. When you become a U.S. citizen, you also make these promises: ★ give up loyalty to other countries ★ defend the Constitution and laws of the United States ★ obey the laws of the United States ★ serve in the U.S. military (if needed) ★ do important work for the nation (if needed) After you take the Oath of Allegiance, you are a U.S. citizen. 2 Your Government and You H www.uscis.gov/citizenship Rights and Responsibilities of Citizens Voting is one important right and responsibility of U.S. -
In the Supreme Court of Iowa ______
IN THE SUPREME COURT OF IOWA _____________________________________________________________ STATE OF IOWA, ) ) Plaintiff-Appellee, ) ) v. ) S.CT. NO. 19-0451 ) DAVID LEE STAAKE, ) ) Defendant-Appellant. ) _____________________________________________________________ APPEAL FROM THE IOWA DISTRICT COURT FOR FAYETTE COUNTY HONORABLE RICHARD D. STOCHL, JUDGE ____________________________________________________________ APPELLANT'S BRIEF AND ARGUMENT _____________________________________________________________ SHELLIE L. KNIPFER Assistant Appellate Defender [email protected] [email protected] STATE APPELLATE DEFENDER'S OFFICE Fourth Floor Lucas Building Des Moines, Iowa 50319 (515) 281-8841 / (515) 281-7281 FAX ATTORNEY FOR DEFENDANT-APPELLANT FINAL ELECTRONICALLY FILED OCT 28, 2019 CLERK OF SUPREME COURT 1 CERTIFICATE OF SERVICE On the 28th day of October, 2019, the undersigned certifies that a true copy of the foregoing instrument was served upon Defendant-Appellant by placing one copy thereof in the United States mail, proper postage attached, addressed to David L. Staake, 123 5th Str. N.W., Olwein, IA 50662. APPELLATE DEFENDER'S OFFICE /s/ Shellie L. Knipfer SHELLIE L. KNIPFER Assistant Appellate Defender Appellate Defender Office Lucas Bldg., 4th Floor 321 E. 12th Street Des Moines, IA 50319 (515) 281-8841 [email protected] [email protected] SLK/sm/7/19 SLK/sm/10/19 2 TABLE OF CONTENTS Page Certificate of Service ....................................................... 2 Table of Authorities -
CONSTITUTION of MICHIGAN of 1963 ARTICLE V EXECUTIVE BRANCH § 1 Executive Power
STATE CONSTITUTION (EXCERPT) CONSTITUTION OF MICHIGAN OF 1963 ARTICLE V EXECUTIVE BRANCH § 1 Executive power. Sec. 1. Except to the extent limited or abrogated by article V, section 2, or article IV, section 6, the executive power is vested in the governor. History: Const. 1963, Art. V, § 1, Eff. Jan. 1, 1964;Am. Init., approved Nov. 6, 2018, Eff. Dec. 22, 2018. Compiler's note: The constitutional amendment set out above was submitted to, and approved by, the electors as Proposal 18-2 at the November 6, 2018 general election. This amendment to the Constitution of Michigan of 1963 became effective December 22, 2018. Former constitution: See Const. 1908, Art. VI, § 2. § 2 Principal departments. Sec. 2. All executive and administrative offices, agencies and instrumentalities of the executive branch of state government and their respective functions, powers and duties, except for the office of governor and lieutenant governor, and the governing bodies of institutions of higher education provided for in this constitution, shall be allocated by law among and within not more than 20 principal departments. They shall be grouped as far as practicable according to major purposes. Organization of executive branch; assignment of functions; submission to legislature. Subsequent to the initial allocation, the governor may make changes in the organization of the executive branch or in the assignment of functions among its units which he considers necessary for efficient administration. Where these changes require the force of law, they shall be set forth in executive orders and submitted to the legislature. Thereafter the legislature shall have 60 calendar days of a regular session, or a full regular session if of shorter duration, to disapprove each executive order. -
THE LEGISLATOR and HIS ENVIRONMENT Edwaiw A
Congressional Investigations: THE LEGISLATOR AND HIS ENVIRONMENT EDwAIW A. SHILst ONGRESSIONAL investigating committees have brought about valuable reforms in American life. They have performed services which no other branch of the government and no private body could have accomplished. They have also-like any useful institution- been guilty of abuses. Like many institutional abuses, these have been products of the accentuation of certain features which have frequently contributed to the effectiveness of the investigative committee. In the following essay, we shall not concern ourselves with the description of these abuses, nor with the ways in which certain valuable practices, when pushed to an extreme, have become abuses. These abuses have included intrusions in spheres beyond the committees' terms of reference, excessive clamor for publicity, intemperate disrespect for the rights of witnesses, indiscriminate pursuit of evidence, sponsorship of injudicious and light- hearted accusations, disregard for the requirements of decorum in gov- ernmental institutions, and the use of incompetent and unscrupulous field investigators.* Here we shall take as our task the exploration of fac- tors which may assist in understanding some of these peculiarities and excesses of congressional investigations. In the view here taken these excesses arise out of the conditions of life of the American legislator: the American constitutional system itself, the vicissitudes of the political career in America, the status of the politi- cian, the American social structure and a variety of other factors. This analysis does not claim to be a complete picture of the social pattern of the American legislator; it is not intended to be an exhaustive analysis. -
Presidential Executive Orders: the Bureaucracy, Congress, and the Courts
Graduate Theses, Dissertations, and Problem Reports 2017 Presidential Executive Orders: The Bureaucracy, Congress, and the Courts Michael Edward Thunberg Follow this and additional works at: https://researchrepository.wvu.edu/etd Recommended Citation Thunberg, Michael Edward, "Presidential Executive Orders: The Bureaucracy, Congress, and the Courts" (2017). Graduate Theses, Dissertations, and Problem Reports. 6808. https://researchrepository.wvu.edu/etd/6808 This Dissertation is protected by copyright and/or related rights. It has been brought to you by the The Research Repository @ WVU with permission from the rights-holder(s). You are free to use this Dissertation in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you must obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/ or on the work itself. This Dissertation has been accepted for inclusion in WVU Graduate Theses, Dissertations, and Problem Reports collection by an authorized administrator of The Research Repository @ WVU. For more information, please contact [email protected]. Presidential Executive Orders: The Bureaucracy, Congress, and the Courts Michael Edward Thunberg Dissertation submitted to the Eberly College of Arts and Sciences at West Virginia University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Political Science Jeff Worsham, Ph.D., Co-Chair John Kilwein, Ph.D., Co-Chair Matthew Jacobsmeier, Ph.D. Dave Hauser, Ph.D. Patrick Hickey, Ph.D. Warren Eller, Ph.D. Department of Political Science Morgantown, West Virginia 2017 Keywords: President, executive order, unilateral power, institutions, bureaucratic controls, U.S. -
Report of the Working Group on Judiciary Law §470
REPORT OF THE NYSBA WORKING GROUP ON JUDICIARY LAW §470 Background Judiciary Law §470 provides: A person, regularly admitted to practice as an attorney and counsellor, in the courts of record of this state, whose office for the transaction of law business is within the state, may practice as such attorney or counsellor, although he resides in an adjoining state. In 2009, Ekaterina Schoenefeld, an attorney licensed to practice in New York, but residing in New Jersey and having an office only in New Jersey, commenced an action in federal court in the Northern District of New York to challenge Judiciary Law §470 under the United States Constitution. In 2011, the District Court found §470 unconstitutional under the Privileges and Immunities Clause.1 The Attorney General appealed the decision to the Second Circuit, and the Second Circuit certified the question of what constituted an office within the state to the New York Court of Appeals.2 The Court of Appeals accepted the certification3 and, interpreting the statute for the first time, held that §470 “requires nonresident attorneys to maintain a physical office in New York.”4 In its opinion, the Court of Appeals recognized that the State “does have an interest in ensuring that personal service can be accomplished on nonresident attorneys admitted to practice here.” However, the Court acknowledged that currently “there would appear to be adequate measures in place relating to service on nonresident attorneys” under the CPLR and its own Court rules and that the Legislature could take additional action if necessary. On June 30, 2015, while the appeal was pending before the Second Circuit, then NYSBA President David Miranda appointed the Working Group to address the issue of the requirements on non-resident attorneys to practice in New York and to make a recommendation once the Second Circuit determined the issue of the statute’s constitutionality. -
Unit 5 (B) Executive
Parliamentary Democracy in India UNIT 5 (B) EXECUTIVE INTRODUCTION A basic feature that characterizes the Parliamentary model is the presence of dual executives. The President of India is the constitutional head of the state whereas the Prime Minister (PM) and his/her Cabinet are the real executive. The PM and Council of Ministers are chosen from the majority party in the Parliament and are responsible to it for their policies and actions. They remain in office, as long as, they enjoy the confidence of the latter. At the head of the central executive is the President of India. Article 53 of the Constitution formally vests in the President the executive powers of the Union, which are exercised by him/her either directly or through officers subordinate to him/her, in accordance with the Constitution. In practice, he/she is aided and advised by the Cabinet which is headed by the PM. Therefore, the executive at the centre consists of the President, the PM, and Cabinet. In this Unit, we will discuss about political executive at the central level in detail. To begin with, is a discussion on President of India. PRESIDENT The President is a Constitutional head of the State in the sense that he/she represents the nation. All actions of the Government are carried out in his name but he is not the ultimate deciding, directing, or determining factor. Article 52 of the Indian Constitution states ‘there shall be a President of India,’ and, as per Article 53(1) in him/her shall be vested the executive powers of the Union, which are exercised by him/her either directly or through officers subordinate to him in accordance with the Constitution.’ In practice he/she is aided and advised by the Council of Ministers headed by the PM. -
1 in the Iowa Supreme Court in the Matter of Lessons Learned ) From
In the Iowa Supreme Court In the Matter of Lessons Learned ) From the Judicial Branch Response ) April 28, 2021 To COVID-19 ) Beginning in early March 2020, the judicial branch was preparing to minimize the impact of COVID-19 on the services it provides to Iowans. In the span of just a few weeks, the planning effort transitioned into the need for immediate actions. As the pandemic worsened and more information about the virus became available, the Iowa Supreme Court issued orders to protect the public and court employees while keeping the courts as open and operational as possible. Between March 12 and November 24, nearly thirty supervisory orders were issued. As the judicial branch begins to plan for a post COVID-19 world, it seeks to review the formal orders and informal policies or practices adopted by the branch in response to the COVID-19 pandemic. The supreme court establishes the Lessons Learned Task Force to make recommendations to the supreme court on rules, polices or practices that should be retained, modified or stopped. The recommendations shall be submitted to the supreme court by June 4, 2021. The following individuals are appointed to the Task Force: Honorable Susan Christensen, Chief Justice, Iowa Supreme Court, Harlan, chair Honorable Kellyann Lekar, Chief Judge, First Judicial District, Waterloo Honorable David Porter, District Judge, Des Moines Honorable Russell Keast, District Associate Judge, Cedar Rapids Steve Bradford, corporate counsel, Muscatine 1 Carrington Buze, Children’s Justice, Des Moines Guy Cook, private -
The Relevance of Federal Norms for State Separation of Powers Michael C
Roger Williams University Law Review Volume 4 | Issue 1 Article 3 Fall 1998 The Relevance of Federal Norms for State Separation of Powers Michael C. Dorf Columbia University Follow this and additional works at: http://docs.rwu.edu/rwu_LR Recommended Citation Dorf, Michael C. (1998) "The Relevance of Federal Norms for State Separation of Powers," Roger Williams University Law Review: Vol. 4: Iss. 1, Article 3. Available at: http://docs.rwu.edu/rwu_LR/vol4/iss1/3 This Symposia is brought to you for free and open access by the Journals at DOCS@RWU. It has been accepted for inclusion in Roger Williams University Law Review by an authorized administrator of DOCS@RWU. For more information, please contact [email protected]. The Relevance of Federal Norms for State Separation of Powers Michael C. Dorf* INTRODUCTION Of the American Constitution's three most distinctive fea- tures-federalism, judicial protection of individual rights and sep- aration of powers'-only the last has been held inapplicable to the states. First, federalism is, by its terms, a doctrine of power-shar- ing between the national and state governments. The distribution of authority between nation and states was the chief point of con- tention during the period of the Constitution's framing and ratifi- cation, and in recent years, the United States Supreme Court has vigorously enforced federalism norms. 2 Second, although the origi- nal Constitution contained relatively few individual rights provi- sions applicable to the states,3 during the last half-century, the Supreme Court has interpreted the Due Process and Equal Protec- tion Clauses of the Fourteenth Amendments as providing exten- sive protection for individual rights against state interference.