• John Marshall Defines Non-Delegation Doctrine [No. 86]
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    John Marshall Defines Non-Delegation Doctrine [No. 86]

    The Supreme Court first addressed the Non-Delegation Doctrine back in 1825, in an opinion by Chief Justice John Marshall. It was addressed in passing, because they didn’t need to deal with the issue in the case, but Marshall made some observations about that doctrine that still have a lot of relevance today. He noted the big problem is figuring out where the lines are drawn among the Legislative, Executive, and Judicial powers. In that particular case, Congress had given the Federal Courts power to promulgate their own rules of procedure, for how to execute judgements and things like that. The question was whether that was something that needed to be…

  • Should Courts Defer to Political Branches? [No. 86]
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    Should Courts Defer to Political Branches? [No. 86]

    One popular notion about how to think about the courts is the idea of judicial restraint. The idea here is that when interpreting the Constitution, courts should be restrained and should defer to the judgments of Congress or the President or the state legislatures. I do not think that the courts should defer to the opinions of other branches about the meaning of the Constitution. But this is the way I think it should work is that the legislative branches or the political branches are entitled to govern, unless what they are doing violates the Constitution. And some things that they might do violate the very words, I mean, you…

  • SC19-1341 Advisory Opinion to the Governor Re: Implementation of Amendment 4, (Voting Restoration)
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    SC19-1341 Advisory Opinion to the Governor Re: Implementation of Amendment 4, (Voting Restoration)

    >>ALL RISE. ZECHARIAH MORGAN HEAR YE, HEAR YE, HEAR YE, THE SUPREME COURT OF FLORIDA IS NOW IN SESSION, ALL WHO HAVE CAUSE TO PLEAD, DRAW NEAR, GIVE ATTENTION AND YOU SHALL BE HEARD. GOD SAVE THESE UNITED STATES, THE GREAT STATE OF FLORIDA AND THIS HONORABLE COURT. LADIES AND GENTLEMEN, THE SUPREME COURT OF FLORIDA. PLEASE BE SEATED.>>GOOD MORNING AND WELCOME TO THE FLORIDA SUPREME COURT. FIRST CASE ON THE DOCKET TODAY, ADVISORY OPINION TO THE GOVERNOR REGARDING IMPLEMENTATION AMENDMENT NUMBER 4.>>GOOD MORNING, MAY IT PLEASE THE COURT. I AM JOSEPH JACQUOT ON BEHALF OF THE GOVERNOR SPEAKING UP TO 10 MINUTES. ON BEHALF OF THE SECRETARY OF STATE,…

  • Court Shorts: Separation of Powers
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    Court Shorts: Separation of Powers

    This concept of separation of powers is what makes America great. It is absolutely the genius of our democracy. Here we are over two centuries later and still the Constitution with its three pillars of government exists in the same form as it did at the founding. All of these parts working together creates a team effort, which really aids our form of government and creates its stability. Many people don’t realize that the Constitution sets out three branches of government. The first is the Legislative Branch. The second branch is the Executive Branch that we typically think of the president, but it also includes all of his executive officers.…

  • Who is Neil Gorsuch? U.S. Supreme Court Justice | NowThis
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    Who is Neil Gorsuch? U.S. Supreme Court Justice | NowThis

    Senator, those are not my words and I would never had said them. I didn’t say that. I asked you if you agreed with this statement. And I’m telling you I don’t. That’s Neil Gorsuch. He was appointed by President Trump to fill the Supreme Court seat left vacant after the death of Antonin Scalia. Scalia died during President Obama’s term, but Obama’s nomination of Merrick Garland was stonewalled by Republicans until a Conservative got into office… They have ripped us to shreds. Ripped us absolutely to shreds. Actually, I was only kidding, you can get the baby out of here. Now it’s paying off. Gorsuch will affect decades of…

  • President vs. Congress: Does the separation of powers still work? (1980) | ARCHIVES
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    President vs. Congress: Does the separation of powers still work? (1980) | ARCHIVES

    Announcer: From the nation’s capital, the American Enterprise Institute for Public Policy Research presents Public Policy Forums, a series of programs featuring the nation’s top authorities presenting their differing views on the vital issues which confront us. Today’s topic, president vs. congress, does the separation of powers still work? John Charles Daly: Nearly 200 years ago, our founding fathers in the Federalist argued that the accumulation of all powers, legislative, executive and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed or elective, may justly be pronounced the very definition of tyranny. The preservation of liberty requires that the three great departments of…

  • SC18-1176 Amendments to the Florida Rule of Civil Procedure 1.220
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    SC18-1176 Amendments to the Florida Rule of Civil Procedure 1.220

    >>ALL RISE. HEAR YE, HEAR YE, HEAR YE, THE SUPREME COURT OF FLORIDA IS NOW IN SESSION, ALL WHO HAVE CAUSE TO PLEAD, DRAW NEAR, GIVE ATTENTION AND YOU SHALL BE HEARD. GOD SAVE THE UNITED STATES, THE GREAT STATE OF FLORIDA AND THIS HONORABLE COURT. LADIES AND GENTLEMEN, THE SUPREME COURT OF FLORIDA, PLEASE BE SEATED. >>WELCOME TO THE FLORIDA SUPREME COURT. THE FIRST CASE ON THE DOCKET IS CIVIL PROCEDURE 1.220. >>GOOD MORNING. MAY IT PLEASE THE COURT. MY NAME IS SCOTT DIMOND OF THE PROCEDURAL RULES COMMITTEE. WILL COUNSEL MAKE THEIR OWN APPEARANCES? >>KATHLEEN MCLEROY ON BEHALF OF PRO BONO LIQUID SERVICES COMMITTEE. >>GOOD MORNING, YOUR HONOR…